Better Hope businessman moves to court over $4m in jewellery seized at Timehri airport

A Better Hope businessman who was held for four hours at the Cheddi Jagan International Airport, Timehri on Tuesday and two pieces of jewellery valued altogether at $4m taken from him by the Customs Anti Narcotic Unit has moved to court seeking in excess of $10m in damages and a declaration that his detention was unlawful.

Richard Ramjit who is a businessman and goldsmith missed his flight as a result of interrogation and the eventual seizure of his jewellery which entailed questioning by various law enforcement officers.

Ramjit’s experience will raise questions about how recently passed anti-money laundering legislation which enables designated officers to seize jewellery in excess of US$10,000 can affect prospective travellers.

This point was made yesterday by former Attorney General Anil Nandlall who is representing Ramjit in this matter. He said when the amendment was being crafted he had made this point in his dissenting arguments.in 2013. The legal case was filed yesterday.

Ramjit’s affidavit in support of the case follows:

AFFIDAVIT IN SUPPORT OF NOTICE OF MOTION

I, RICHARD RAMJIT of Lot 4 Bissoon Street, Better Hope, East Coast Demerara, Guyana, being duly sworn make oath and say as follows:

1. I am the Applicant herein and the facts and matters hereinafter deposed are within my personal knowledge save and except where otherwise stated.
2. I am a Businessman and a Goldsmith.
3. That I travel to the United States of America from Guyana on a regular basis in the course of my business.
4. That I am the owner of one (1) gold and silver neckwear and one (1) gold and silver wrist band and have had these two (2) pieces of jewellery for approximately five (5) years.
5. That I have worn these two (2) pieces of jewellery on numerous occasions when I travel in and out of Guyana through the Cheddi Jagan International Airport and not once have I ever been asked by Customs Officials at the said airport or at any other airport any questions whatsoever in respect of and in connection with the said two (2) pieces of jewellery.
6. I estimate the current market value of the said two (2) pieces of jewellery to be the sum of two million, eight hundred thousand dollars ($2,800,000) for the neckwear and one million, two hundred thousand dollars ($1,200,000) for the wrist band.
7. On the 19^th day of January, 2016, I was scheduled to leave Guyana for John F. Kennedy Airport, New York, on Dynamic Airways Flight, Flight No. D0402, departing Cheddi Jagan International Airport, Timehri, at or about 16:00 hours.
8. As I was checking-in at the airline counter, a person in civilian clothes approached me and informed me that he was an officer of the Customs Anti-Narcotics Unit and that he would like to search my suitcases and ask me certain questions.
9. He then escorted me to a room where I met another man in plain clothes.
10. I inquired of the name of this person but he refused to state his name saying that he is an officer of the Customs Anti-Narcotics Unit.
11. I had a carry-on handbag and the said Officer inquired what were in it and I explained its content.
12. The said Officer then asked me from where I got my neckwear and wrist band both of which I was wearing and I explained to him that I am a goldsmith and that I made them myself five (5) years ago.
13. The said Officer then accused me of smuggling gold and I denied explaining to him that I have worn these two (2) pieces of jewellery on numerous occasions on my trips in and out of Guyana.
14. The said Officer then suggested that “we settle the matter” or he will call in Custom Officers who will seize the said pieces of jewellery.
15. I informed the said Officer that there is nothing “to settle” and I was permitted to leave.
16. When I cleared security and I was about to enter the Departure Lounge, I was stopped by a Custom’s Officer who asked to see my said two (2) pieces of jewellery.
17. I showed the same to him as I was still wearing them and he informed me that I can proceed.
18. I took the opportunity to observe the jewellery worn by passengers assembled in the Departure Lounge and I observed that there were several passengers who were wearing jewellery of similar value or even greater value than mine and the said officer nor any other officer intercepted, arrested, detained or interrogated them or searched their suitcases.
19. Shortly thereafter, the said Officer came to me in the Departure Lounge and requested that I follow him to his office and I did so.
20. He again accused me of smuggling gold and again I denied this allegation.
21. The said Officer then escorted me to the tarmac and requested that I identify my suitcase amongst suitcases packed on a trolley for onward transmission to the aircraft.
22. I did so and the said Officer instructed me to open my suitcase and instructed another Officer who had a dog to search the same; the dog also sniffed at my suitcase.
23. As far as I am aware, nothing unlawful was found in my suitcase.
24. I was then escorted back to the office where I was subjected to further questioning about smuggling of gold and I denied every allegation put to me.
25. This officer then informed me that it is unlawful for me to have jewellery in my possession which exceeds the value of ten thousand United States dollars (US$10,000).
26. This officer then demanded that I hand over to him the said neckwear and wrist band; I did so and I have not seen either pieces of jewellery since.
27. This officer also requested that I report the following morning to the Special Organized Crime Unit (SOCU) at Camp Street, Georgetown.
28. By this time, the flight left without me.
29. Eventually, I was permitted to leave the said office.
30. During the entire ordeal, I never felt that I had the freedom to leave the company of the said officer.
31. I was of the distinct impression that I was under arrest; indeed, I requested to make a phone call during this time and my request was refused.
32. I spent approximately four (4) hours in the custody of this officer.
33. I subsequently learnt that the name of this officer is Travis Leitch.
34. My airline ticket was purchased for seven hundred and fifty United States dollars (US$750) and I was supposed to purchase certain items in New York which I would have resold and make a profit of approximately four hundred thousand Guyana dollars (G$400,000).
35. When I was being escorted around the airport and when my suitcase was searched on the tarmac, the same were done in the full view of all other passengers and other persons and I felt publicly humiliated and embarrassed.
36. I verily believe that my aforesaid two (2) pieces of jewellery are currently in the custody of officers of the Special Organized Crime Unit (SOCU).
37. That in the circumstances, I pray that the reliefs set out in Notice of Motion be granted.
38. This Affidavit was drawn upon my instructions and on my behalf by Mohabir Anil Nandlall, Attorney-at-Law.