Prosecution seeks court order for Brutus’ bank records
Prosecutor David Brathwaite has submitted an application under Section 12 of the Evidence Act, requesting a banker’s book order, to obtain copies of financial documents from one of Assistant Police Commissioner Calvin Brutus’ accounts.
Brutus is currently facing over 250 criminal charges, and appeared before Acting Chief Magistrate Faith McGusty on Friday, as prosecutors sought access to his Demerara Bank account records.
The prosecution argued that the information is critical to proving elements of the financial crimes for which Brutus has been charged, noting that such an order is routine in these types of cases.
Defence attorneys Dominick Bess and Eusi Anderson, strongly opposed the application.
Bess argued that the prosecution’s interpretation of the Evidence Act was flawed, claiming that the requested documents do not fall within the Act’s definition of a banker’s book, which traditionally includes items like checks.
Anderson presented a letter in court that he claimed was from the Director of Public Prosecutions (DPP) and addressed to the head of the Special Organised Crime Unit (SOCU), which he said concluded that a suspicious transaction report (STR) generated by Brutus’ financial activities, did not meet the threshold for criminal charges.
He said the STR was submitted by the Financial Intelligence Unit (FIU).
He contended that the State’s failure to act on the DPP’s decision invalidated their current application.
“This application forces the court to improperly assist the prosecution in their pursuit of evidence they never had to begin with,” he stated.
He accused SOCU of fishing for evidence where none existed, and described the application as “embarrassing” and “dead on arrival.”
Anderson urged the court to reject the request, warning that approving the application could set a precedent for misuse of the court’s authority.
Prosecutor David Brathwaite then dismissed the defence reliance on the DPP’s letter, asserting that the correspondence was irrelevant to the matter at hand.
Brathwaite argued that the DPP’s findings were specific to earlier allegations and did not preclude the State from pursuing additional financial records to strengthen its case.
He also presented precedents where the courts granted similar applications after charges had been filed, emphasising that such orders are neither unusual nor improper.
Brathwaite stressed the importance of obtaining the records, to ensure justice is served in a matter involving millions of dollars in alleged financial misconduct.
The defence argued that the letter was central to their opposition, while the prosecution maintained that it pertained to separate circumstances.
Meanwhile, Anderson added that the account in question is Brutus’ salary account and not one of the frozen accounts previously linked to the case.
In response, Prosecutor Brathwaite further defended the application, asserting that the requested documents were relevant to the case.
He dismissed the defence’s objections as attempts to derail the investigation.
Magistrate McGusty did not rule on the application but scheduled the next session for January 31, at 11:00h.
The court instructed the prosecution to provide specific details about the account in question in the next session, and for both sides to submit authorities.
The legal proceedings against Assistant Police Commissioner Calvin Brutus began in October 2024, when he was initially charged with 30 financial crimes, including misconduct in public office, larceny as a public officer, and money laundering.
He was granted bail totalling $6.2 million, during his appearance at the Georgetown Magistrate’s Court.
In November 2024, Brutus faced an additional 201 charges related to liability of an official, bringing the total number of charges to 231.
The court imposed an additional $10.05 million in bail, bringing the cumulative bail amount to $16.25 million.
The charges stem from a SOCU investigation into alleged financial crimes involving hundreds of millions of dollars linked to the Guyana Police Force (GPF).
SOCU acted following legal advice from the DPP.
In December 2024, SOCU filed an application to have Brutus’ bail revoked, alleging a breach of his bail conditions. However, SOCU withdrew the application later that month without providing a reason.
In January 2025, Brutus’ wife, Adonika Aulder, appeared before Magistrate McGusty via Zoom following concerns over her failure to return to Guyana within the stipulated time after travelling abroad for medical purposes.
Brutus has steadfastly maintained his innocence.