ACTING Chief Magistrate Faith McGusty on Thursday ruled in favour of the Special Organised Crime Unit (SOCU) granting access to the bank records of former Assistant Commissioner of Police Calvin Brutus, and contractor Corwin Nicholson.
According to a press release from SOCU, this decision was made under Section 12 of the Evidence Act Cap 5.03, and allows SOCU to inspect and obtain copies of the bank records.
The application, SOCU said, was initially filed on January 17, 2025, as part of an ongoing investigation into several criminal offenses involving Brutus, who faces 252 charges, and Nicholson, who faces 14 charges.
The prosecution argued that the bank records were crucial for establishing the charges against Brutus and Nicholson, particularly in demonstrating that they received payments for goods never delivered to the Guyana Police Force.
SOCU is contending that these records fall under the broad definition of “a banker’s book”, which includes electronic documents and permanent records kept by banks in their daily transactions. This interpretation aligns with Section Two of the Evidence Act, which encompasses electronic data as part of a bank’s records.
However, defence attorneys Eusi Anderson and Dominic Bess opposed the application, labelling it a “fishing expedition”, and arguing that the requested documents did not fit the definition of a banker’s book.
Despite these objections, Magistrate McGusty sided with the prosecution, delivering a decisive blow to the defence.
The court directed SOCU to file another application specifically requesting electronic banking documents, further solidifying the legal basis for accessing these records.
This ruling marks a significant step in the ongoing investigation into financial crimes allegedly committed by Brutus and Nicholson.