Hughes makes access to information request for release of RSS report

Dion Bascom with attorney Nigel Hughes at yesterday’s press conference
Dion Bascom with attorney Nigel Hughes at yesterday’s press conference

While predicting that his request will be denied, attorney Nigel Hughes has written to Commissioner of Information Charles Ramson SC for the release of the Regional Security System (RSS) report on its recent review of the Ricardo Fagundes murder probe, which was triggered by disclosures made by Detective Sergeant Dion Bascom.

“…A request has been made to the Commissioner of Information for the RSS report. I filed under the Access to Information Act, a request for information, specially in relation to the RSS report,” Hughes disclosed during a press conference held at his Hadfield Street, George-town office on Friday.

“I can predict that he will refuse to give it…We will see what happens after that,” he said.

This will be the second request by Hughes for access to the RSS’ report.

Last Friday, the Ministry of Home Affairs issued a statement purporting to relate the key findings of the review of the investigation, which said the RSS found no evidence of corruption or attempt to cover up the 2021 Ricardo Fagundes murder as had been alleged by Bascom. 

Subsequent to the Ministry’s statement, Hughes wrote to acting Commissioner of Police, Clifton Hicken seeking a copy of the RSS report. He only received an acknowledgement of request from Hicken’s secretary. “Since then I have heard nothing,” Hughes said.

Bascom went public last month with chilling allegations, including claims that there was a cover-up in the Fagundes murder investigation to protect a businessman and that a large bribe had been paid to a senior policeman. This prompted calls for an international probe, causing the Government to invite the Caribbean RSS to investigate the allegations.

Fagundes, who was a close friend of convicted drug trafficker Roger Khan, was gunned down by two men outside Palm Court on the evening of Sunday, March 21, last year. At the time of the attack, he was approaching a parked vehicle owned by Khan.

After going public with the allegations, Bascom proceeded on sick leave. He has since returned to duty at his posting in Essequibo, after a previous request to be reassigned went unaddressed.

On Tuesday, August 16, Hughes wrote to President Irfaan Ali seeking protection for Bascom. Two weeks after, Hughes wrote to Ali again.  He has not received any response to date.

Hughes yesterday indicated that he is no longer waiting on a response from the President since he believes that he won’t get one. “I certainly don’t flatter myself by thinking the President has time to respond to me as a citizen but I would have hoped that he had a little bit more concern for the safety of one of the serving members of the force in that regard, particularly where that member of the Guyana Police Force was asking for witness protection,” he said. “There was clear and credible evidence that his life was in danger, [so] that some level of attentiveness would have been manifest from that office in relation to ensuring that a citizen of this country, irrespective of whatever his opinion is, would have been protected and kept alive,” he told the media yesterday.

Nevertheless, Hughes said he did have a plan for Bascom’s safety.

‘Little credible value’

In an interview with this newspaper last Saturday, Hughes said it would be “difficult” for the RSS to come up with a “full” and “credible” report on the allegations due to the failure to interview Bascom.

He reiterated his position yesterday while stating that the RSS report was of “little credible” value.

“…It appears and it is very unfortunate that the Regional Security System that is available to the citizens of the Caribbean can no longer deliver what would be a credible review of the murder of Mr Fagundes and the investigation into it,” Hughes said.

In light of those circumstances, Hughes said he believes that the other countries that possess the capacity to not only “independently” review but investigate should be involved.

According to Hughes, Bascom should have been the RSS’ primary interest. “…Given the basis upon which this entire controversy emanated…. the person who blew the whistle would have been a person of primary interest [to the] Regional Security System,” he said.

Instead, he said at no point did the RSS attempt to or make contact with Bascom.  “We understand the RSS sent a representative or representatives and I wish to state and Mr Bascom has confirmed this—that no member of the RSS ever attempted to contact Mr Bascom and certainly no member of the RSS ever attempted to interview Mr Bascom,” Hughes related.

The ministry had said that the main objectives of the report were to determine whether the GPF has effectively investigated the unlawful killing/ homicide of Fagundes, to determine whether there is any evidence to support any wrongdoing by D/ Supt. Mitchell Caesar and Inspector Nigel Stephens of the GPF as alleged by Bascom and to review the investigation of the Fagundes case by the GPF and any actions taken by the investigating officers.

Bascom yesterday reiterated that prior to going public he had contacted several persons in authority, including the then Commissioner of Police Nigel Hoppie as well as the Minister of Home Affairs Robeson Benn and President Ali with concerns about the “compromised” investigation of Fagundes’ murder.

“I send everything to the Home Affairs Minister Benn, also the President…….I didn’t get no response from the President. I didn’t get no response from the Home Affairs Minister,” Bascom said.

He explained that he met Benn on July 16. “I talk to him (Benn). I explain everything to him. He then ask me to send back the information to him. He reply saying ‘ok’ and he never do anything about it,” he said.

During the conversation, Bascom said Benn did not give him any assurance that the matter would be investigated. “I didn’t get no assurance. He (Benn) just talk to me and he seh alright and thing and I left and I go outside. He end up texting me and tell me must send the things to he, then I reply and he said ok. And that was it. I never hear back from he,” Bascom related.

He did not get any response from Hoppie or Ali either.

“The fact that the RSS, according to the Ministry of Home Affairs has sought not to attribute any credit to the report or statement made by Mr Bascom because he was arrested, I think that was clearly contradicted by the fact that Mr Bascom has consistently been reporting to [whomever] he can in a position of authority about the nature of a compromised investigation,” Hughes said.

“…One would have thought that if they had embarked upon the most rudimentary of steps in any investigation, which is to speak to the whistleblower himself, he would have indicated many things to them included the fact that he would have reported first of all to the then Commissioner of Police, Mr Hoppie….Long before his arrest, he had reported the incident to Mr Hoppie about his concerns about the investigation, he had reported his concerns about the way in which the investigation was conducted and that was on the 3rd of March, 2022 long before this arrest,” he further explained.

New charges

Last Tuesday, Bascom faced three cyber-crime charges. He was released on $300,000 bail.

Hughes yesterday said that he learnt only yesterday that his client will be facing additional cyber-crime charges.   “I was told that Mr Bascom now faces further cybercrime charges on the East Coast,” he added, before pointing out that he did not have any details of the charges, including the identities of the virtual complainants. “I just received that information by way of a telephone call today from a police officer,” he noted.

Stabroek News was reliably informed that the matter was put down until November 14 after Hughes and Bascom were absent from court yesterday.

Bascom will be facing two other cyber-crime charges, sources told this newspaper.

Inducements

Meanwhile, Bascom confirmed yesterday that since he went public with the allegations, he was approached twice and offered financial inducements for retracting them.

He alleged that he was asked to offer a public apology about the allegations in return for payment. “One night I went home and a guy called me. Actually, a family friend of mine. He called me and tell me that somebody in the street want to meet with me…..He must sit down one on one with me and I mustn’t bring nobody. So I turn and tell he I ain’t meet anybody and he turn and seh ‘man them man just want you go and mek an apology and you gah seh this Essequibo businessman put yuh fah do this thing’ and that he will give me a purse that will turn me whole life around,” Bascom explained.

Besides this, he said another individual from Essequibo had contacted him with a similar offer. “I seh boy somebody done approach me with this thing……He seh just go seh a thing that you been vex and they seh that how they got something nice fah yuh,” he related.

Bascom told the media that he turned down both offers.

He explained that he only went public with the allegations since his life was under threat. “I went and I start from the beginning. I went to the Commissioner of Police, who was the boss in charge of me. I didn’t get no response from he. Then I go to the Home Affairs Minister, who is the person in charge of the whole Joint Service. I didn’t get no response from he. Then I went to the President, who hold the highest office and I ain’t get no response from he. Then I heard that these people planning fuh kill me so duh is why I come out and speak out…I speak out because my life was under threat,” Basom said.

“…Me coming out and speak out wasn’t about nobody telling me nothing or CANU.….I come out and speak out because I is not a person who come in the police force today or last year, is twelve years I deh in the police force…..I know how things happen. I done know if I didn’t come out and speak out somebody woulda come and kill me and the reason for the person kill me, I done send all the information to the President, the Home Affairs Minister and the Commissioner,” he added.

Throughout the entire process, Bascom maintained that he did not breach any protocol.