ACTING Chief Justice Roxane George-Wiltshire, SC, late last month ruled that the Minister of Public Security had lawfully approved the revocation of the firearm licences of businessman Saddique Rasul – a gold dealer who is currently before the court on charges of bank fraud.

The court ruled that the minister had complied with Section 4 (2) of the Private Security Services Act and noted that Rasul was given an opportunity to be heard but failed to show cause why his licences should not be revoked.

Rasul had made a Fixed Date Application dated the July 27, 2017 for the court to grant an order nisi of Certiorari to Police Commissioner Seelall Persaud, in his capacity as the controlling authority under the Private Securities Services Act, to show cause why his decision to revoke the licence of SRS Security Services should not be quashed.

The applicant said Persaud’s decision was ultra vires and in effect null and void, as he did not obtain the expressed written approval of the Public Security Minister prior to the revocation of the said licence as is required by the Private Securities Act.

He also asked the court to grant an order or rule nisi of mandamus to the police commissioner, in his capacity as the controlling authority under the Private Securities Act, to show cause why he should not be compelled and directed to reinstate SRS Security Services under the Private Securities Act given that SRS Securities Services satisfied all pre-conditions for the grant of such a licence and has never breached the conditions attendance to the licence previously in force. Rasul also requested costs.

Between 2010 and 2016 Rasul was granted permission to purchase and be licensed with 44 firearms of various types and calibre. On March 31, 2017, the management of the Guyana Bank for Trade of Industry Limited (GBTI) reported that on March 22, 2017, the applicant deposited six Citizens Bank (Guyana) Limited cheques totalling $941,000,000 into his personal bank account at the GBTI, Bartica Branch.

The applicant knew that he did not have cash in his chequing account at Citizens Bank (Guyana) Incorporated to honour the cheques and fraudulently withdrew the entire sum of $941,000,000 from the GBTI.

On March 27, 2017, Rasul signed an Acknowledgement of Debt and Undertaking, admitting that he, while fully knowing that his account at Citizens Bank (Guyana) Incorporated had been closed, fraudulently and by false pretense sought to negotiate and obtain payments on the cheques. On March 31, 2017 he was arrested and charged on the April 1, 2017, with six counts of Obtaining Money by False Pretense, contrary to Section 194 of the Criminal Law (Offences) Act Cap.8:01.

Rasul appeared in the Georgetown Magistrates’ Court before Chief Magistrate Ann McLennan where he pleaded not guilty and was placed on $500,000 bail on each charge.
The aforementioned charges were withdrawn and on April 21, 2017, the applicant was then charged with six charges of Obtaining Credit by False Pretense, contrary to Section 213 (2) of the Criminal Law (Offences) Act Cap.8:01. He again pleaded not guilty and was placed on $1,500,000 bail on each count after these charges were read to him at the Bartica Magistrate’s Court. The matter is still engaging the attention of the Bartica Magistrate’s Court.

Meanwhile, as a result of the ongoing investigation in respect to the matter of Obtaining Credit by False Pretense, 35 firearm licences were lawfully revoked. The State represented by Judy Stuart-Adonis argued that given the gravity and nature of the offences to which Rasul had been charged are material, those considerations were taken into account when it was found that he is unfit to be entrusted with the firearms.

Stuart Adonis posited too that the revocation of the applicant’s licence was lawful and done in accordance with the powers vested in the Respondent under the Section 4(2) of the Private Security Services Act and Firearms Act, Cap. 16:05, Section 18 (8) (a) and in accordance with the rules of natural justice.

Rasul was asked to show cause in writing on or before the May 9, 2017 why his licence should not be revoked. However, though he was given an opportunity to respond to show cause, he failed to provide any reason in light of the circumstances why his licences should not be revoked. After being given an opportunity to be heard he responded by letter dated May 9, 2017.

Stuart-Adonis argued too that after being charged for an offence involving moral turpitude, Rasul was therefore unfit to be the holder of the firearm licences and subsequently a recommendation was made for the revocation of the applicant’s licence. Additionally, the state argued that a written and expressed approval marked “approval granted” bearing the Minister’s signature and dated June 15, 2017 was granted by the Minister for the revocation of the licences to SRS Security Services in accordance with section 4(2) of the Private Security Services Act.

Moreover, the State noted that it is an implied condition that for the granting and continuous eligibility as the holder of a firearm licence, the Applicant ought not to be involved in criminal activities or breach any of the pre-requisite conditions for the grant of such licences. Rasul was represented by Attorney Nigel Hughes and was ordered to pay the State costs to the tune of $100,000.