Ruling on banker’s book application in Calvin Brutus case set for March 11

The legal battle surrounding former Assistant Commissioner of Police (ACP) Calvin Brutus, took another turn on Friday, as Principal Magistrate Faith McGusty announced that she will rule on the prosecution’s request to access Brutus’s financial records on March 11 at 9:00h.
The request, made under Section 12 of the Evidence Act, commonly referred to as a “banker’s book” order, seeks access to Brutus’s accounts at Demerara Bank Limited. The prosecution insists that these records are critical to the ongoing case, which involves hundreds of charges related to financial misconduct.
Brutus, once a high-ranking official in the Guyana Police Force (GPF), has been embroiled in legal troubles since an internal audit in July 2024, unearthed alleged financial irregularities. The findings led to a full-scale investigation, and by October of that year, he was formally charged.
The charges initially included money laundering, obtaining money by false pretences, misconduct in public office, and larceny by a public official.
His wife, Aulder Brutus, was also implicated and faced money laundering charges, while Police Sergeant Kevin George was also charged.

The court granted bail to the trio, with Brutus required to post GYD 6.2 million, his wife GYD 1 million, and George GYD 500,000. One of the conditions of their bail was that they had to report to the Special Organised Crime Unit (SOCU) on the second Friday of each month.
As the investigation deepened, prosecutors brought 201 additional charges against Brutus in November 2024, bringing the total to 231. The charges further strengthened the case against him, leading to an increase in his bail amount by GYD 10.05 million.
By December, the prosecution accused Brutus of attempting to flee the country via Brazil, violating a court order that barred him from leaving Guyana. Prosecutors swiftly filed an application to have his bail revoked, arguing that his alleged actions showed clear intent to evade justice. The defence however, strongly opposed the move, setting the stage for yet another legal battle.

Police Service Commission
Amid his mounting legal troubles, Brutus also faced disciplinary proceedings within the Police Service Commission (PSC). The disciplinary tribunal examined two key allegations: unauthorised use of the GPF’s Welfare Fund and falsification of records at the Quartermaster Stores.
The tribunal found that Brutus had unlawfully directed payments amounting to GYD 13,670,204 from the Welfare Fund for Government-procured goods, and had played a role in falsifying records that falsely indicated the delivery of goods valued at GYD 101,431,050 by contractor Corwin Nicholson, trading as 3D Construction.
Based on these findings, the PSC, acting on the tribunal’s recommendation, dismissed Brutus from the force on February 5, 2025.
Despite his dismissal, the legal proceedings against him remain ongoing.
At his most recent court appearance before Friday’s hearing, Brutus saw his attorneys, led by Dominick Bess and Eusi Anderson, strongly opposing the prosecution’s request for his bank records. They argued that granting access to his financial details would violate his privacy and could prejudice the case.
The prosecution countered that the records were crucial in proving the financial transactions tied to the charges against him. After hearing arguments from both sides, and a submission being made by attorney Bess, Magistrate McGusty deferred her ruling giving the prosecution time to respond.

Contentious issues
On Friday, the prosecution submitted their response to Brutus’s attorney’s submission. During the same hearing, prosecutor David Braithwaite also raised concerns about Brutus’s compliance with his bail conditions, particularly his required monthly reporting to SOCU.
Prosecutor Brathwaite claimed that he was advised that Brutus, along with co-defendants George and Nicholson, had failed to report as required. In response, Defence Attorney Dominick Bess presented video evidence showing that his clients had indeed appeared at the reporting location on the specified dates.
He argued that they were often subjected to long waiting times, and at times, were even denied access to the building. The defence maintained that these delays and administrative hurdles had created an unfair situation for Brutus and his co-accused.
Magistrate McGusty acknowledged the concern, and instructed court officials to investigate the matter, to ensure that the defendants could comply with their bail conditions without unnecessary obstacles.
Another contentious issue that emerged during the proceedings, was the seizure of Kevin George’s vehicle, which was reportedly taken by authorities with a significant amount of cash inside.
Bess questioned the legality of the seizure, arguing that if the money was not directly linked to the investigation, there was no reason for it to remain in police custody. The prosecution, however, maintained that all assets seized were part of the broader investigation, and advised that any disputes over the money should be taken up with the High Court.
The Magistrate instructed the prosecution to clarify whether the money was being treated as evidence, and to provide further details at the next hearing.
With the case progressing, Brutus, George, and two other defendants, Sergeant Latoya Brummel and businessman Corwin Nicholson, are scheduled to return to court on March 6.
The upcoming ruling on the banker’s book application for Brutus and Nicholson, according to Magistrate McGusty, will be on March 11.
It is believed that if the prosecution gains access to Brutus’s financial records, it could serve as crucial evidence in proving the financial crimes alleged against him.
Conversely, if the Magistrate rules against the application, the defence could argue that the prosecution lacks concrete proof to support its charges.
As the case continues to unfold, the legal battles surrounding Brutus and his co-accused remain in the public spotlight, with significant implications for the credibility of the GPF and the broader justice system.