SOCU’s recent arrest of an attorney simply for advising her client to remain silent has once again shone the spotlight on an agency that has been rife with scandal, allegations of abuse of its funding and controversial interrogations and charges.
Its failure to pursue money laundering cases – one of the prime reasons for its functioning has also come into focus recently.
The Special Organised Crime Unit (SOCU) was established back in 2013 under the PPP/C Government to exclusively investigate money laundering and terrorism allegations as part of Guyana’s international obligations to strengthen its Anti Money Laundering and Countering the Financing of Terrorism (AML/CFT) apparatus.
The unit was set up to work alongside the Financial Intelligence Unit (FIU) to compile information and to act as an intermediary between the FIU and the Director of Public Prosecutions (DPP).
It falls under the Guyana Police Force (GPF) and is therefore supervised by the Commissioner of Police. Members of SOCU are ranks of the GPF.
It was former President Donald Ramotar who swore in former army intelligence officer, Sydney James as the first head of SOCU back in September 2014.
James watched over the unit for a number of years up until 2019 when he was sent on administrative leave following the findings of an audit of SOCU after claims of grave mismanagement, including the misuse of its operational fund.
That audit, which covered 2016 to 2019 was completed sometime in April, 2019 and the final report was handed over to the then Top Cop, Leslie James. Among the more than a dozen recommendations made by the force’s Audit Department was the immediate transfer of Sydney James and his secretary.
As a result, Sydney James’ contract was never renewed. In fact, in 2021, the police had issued a wanted bulletin for him for questioning in relation to fraud and obtaining money by false pretense.
Days after this, Sydney James surrendered to the police in the company of his lawyers. He was questioned and released on $300,000 bail. Sydney James was never charged.
Thereafter, it was later announced that his deputy, Althea Padmore would act as the Head of SOCU. Padmore held the position for a few months and in August 2020, there was a shake up in the force following the 2020 elections and Senior Superintendent Fazil Karimbaksh was named head of the unit. To date, he still is.
Shortly before she was replaced by Karimbaksh, Padmore had been the subject of controversy over the validity of a certificate from Ashworth College. On August 30th, 2021, she said that the certificate had not been part of her application for a position at SOCU and that she was endeavouring to have allegations about the certificate answered.
“I was unaware of any issue in relation to either Ashworth College or the authenticity of the certificate I received. I (have) since engaged Ashworth College about the allegations which have been made and I await the responses. I have been informed that Ashworth College has been taken over by Penn Foster. I will share any future communications from Penn Foster with the press upon my receipt of their communications”, she said.
Both the APNU+AFC and PPP had previously had issues with the manner in which SOCU operated. But this didn’t happen while they were in Government.
After it was voted out of office in 2015, the PPP/C had accused the APNU+AFC government of interfering in the work of SOCU and issuing directives which targeted members of the party. And similarly, when the APNU+AFC lost the 2020 elections, they too accused the PPP/C of using SOCU to go after its members.
Trend
But while there was talk, little to no action was taken by either administration to ensure the major changes spoken about.
In 2019, former Police Commissioner Leslie James did signal that there were plans for changes at the embattled SOCU.
But former President David Granger had made it clear that SOCU would not be dismantled. Rather, he assured that his administration would work to ensure public confidence in it is restored.
The PPP/C on the other hand had called for the unit to be shut down and for an independent forensic audit to be conducted towards prosecuting all personnel implicated in wrongdoing.
But even after it took office in August 2020, SOCU remained operational.
In August, 2021, Attorney General Anil Nandlall had announced that SOCU would be increasing its staff. “The Special Organised Crime Unit (SOCU) has recruited additional staff in the areas of law, forensic audit, accounting and investigations. Inter-agency cooperation between SOCU and the Office of the Director of Public Prosecutions (DPP) will also be improved, leading to an increase in the conclusion of money laundering related cases,” a release from the AG’s Chambers had quoted him saying.
Over time, questions have also been raised about the senior leadership of SOCU.
Apart from Sydney James, Karimbaksh found himself at the centre of a probe after sexual harassment allegations were levelled against him.
Even though Karimbaksh had deemed the allegations “trumped up” an investigation was conducted and it was recommended that he be charged under the Police Discipline Act. The former Police Service Commission had moved to institute disciplinary action against him but this saw Karimbaksh taking legal action, thereby stalling the matter.
In its early phases after it was commissioned, Nandlall had also hired British Financial crime expert, Dr Sam Sittlington to advise and train officials on matters related to anti-money laundering and countering the financing of terrorism at SOCU.
However, things took a bizarre turn when the United Kingdom (UK) terminated Sittlington’s contract in February, 2019 after Stabroek News had reported that he had registered a local investigative company here while working with SOCU.
Sittlington, a former police investigator and fraud expert arrived in Guyana in early 2016 and had been working continuously with SOCU to strengthen the unit’s operational and investigative ability, with a view to increasing the effectiveness of Guyana and its ability to tackle money laundering, terrorist financing and other serious crimes.
He focused heavily on training for law enforcement officials and played an integral role in training sessions aimed at assisting prosecutors and investigators in preparing files for anti-money laundering and assets recovery cases.
A source had said Sittlington’s move to establish his own company was “highly unethical” while stressing that he could have used the information he gathers through SOCU to advance his private business.
Investigations
Since it has been in existence, SOCU had dealt with a number of cases including those which involved prominent officials such as present and former Government officials.
Questions have however been raised about the quality of its investigations since quite often they do not lead to successful prosecutions.
While they were in Opposition, several current government ministers and now President Irfaan Ali was taken before the courts by SOCU.
Days after he was sworn in as president, 19 charges which were levelled against Ali over the sale of state lands in the ‘Pradoville 2’ Housing Scheme were withdrawn by SOCU.
Senior Minister within the Government with responsibility for Finance, Dr Ashni Singh also had charges of misconduct in public office previously instituted against him and Head of the Gas-to-Shore Taskforce, Winston Brassington over their sale of state lands. However, these charges too were withdrawn.
Prior to taking office, Minister of Local Government, Nigel Dharamlall was also among three former members of the Guyana Rice Development Board (GRDB), who were accused of omitting entries totaling $52 million from the general ledger of one of its bank accounts.
However, in 2019, the charges were dismissed again Dharamlall and former GRDB Manager Jagnarine Singh as well as former Deputy Permanent Secretary of the Ministry of Agriculture Prema Roopnarine.
Similarly, a number of APNU+AFC officials were questioned. Some of them faced charges. In most cases, the charges are still engaging the courts.
In January, last year, former Minister of Public Infrastructure David Patterson and the former General Manager of the Demerara Harbour Bridge Corporation (DHBC), Rawlston Adams, were released on $200,000 bail, each, after being charged with defrauding the Demerara Harbour Bridge Corporation (DHBC).
In March 2021, retired assistant Police Commissioner Kevin Adonis and three ranks; Police Sergeant Michael Corbin, Police Sergeant Jermaine Fraser and Police Corporal Rawl Haynes were charged with conspiring to steal over $19 million from the GPF.
A month later, former Minister of Public Health, Dr. George Norton was charged with misconduct in public office. Months later, former Finance Minister, Winston Jordan faced a misconduct in public office charge.
In May, 2021, a number of former members of the GPF including retired Assistant Commissioner of Police Clinton Conway, retired Assistant Commissioner Claude Whittaker, retired Senior Superintendent George Fraser, retired Senior Superintendent Michael Sutton, Assistant Com-missioner Royston Andries-Junor and Assistant Superintendent Marlon Kellman were charged with conspiracy to defraud the force of over $10 million, stemming from a paid review of the force’s Standing Orders.
Out of control
Most recently, the unit again found itself in the spotlight for arresting attorney, Tamieka Clarke for simply doing her job.
Clarke has since sued the state over her arrest by SOCU. The case file in the matter was with the DPP and has been with the police for a number of days without any disclosures.
On October 27th, Ramana had ordered that Clarke be arrested because she advised her client of the right to remain silent while being questioned. Clarke has since sued the state over her arrest by SOCU.
In her supporting affidavit, Clarke said that she was retained by Leon Lespoir on October 25 and accompanied him to SOCU in relation to an ongoing investigation relating to him.
She said while there they met with Constable 23975 Shaquille Duke and was joined by Ramana who indicated to her that he required Lespoir to provide a statement concerning the investigation and enquired about her client’s availability to provide the said statement.
She said that they agreed to return on October 27, as requested, but also informed him that her client will be exercising his constitutional right to remain silent. “Superintendent Ramana asked me if I was aware of what ‘obstruction’ meant, and he indicated to me that Mr Lespoir was compellable to provide a statement. Superintendent Ramana further indicated to me that if I prevented Mr Lespoir from providing a statement, he would arrest me, and that ‘Counsel may need Counsel’ on the said date,” her affidavit submitted.
On October 27, Clarke along with her firm’s senior partner Shaun Allicock accompanied her client to SOCU where they were informed by Sergeant 17955 Winston Singh that Superintendent Ramana was busy and were advised to return the following day.
The same team returned on October 28, where a number of events played out. “At the said location, I was informed by Mr Lespoir and verily believe that the police had provided him with a written statement and requested for him to sign it. I repeated my advice to Mr Lespoir about his right to remain silent and I informed Constable 23975, Shaquille Duke, that Mr Lespoir declined to sign the statement.
“I entered a room and enquired from Sergeant Singh, Constable Duke and Officer Navindra Persaud whether Mr Lespoir was under arrest. I indicated to them that Mr Lespoir was desirous of leaving the premises of SOCU and returning to work. Superintendent Ramana entered the room that I was in and he instructed Officer Navindra Persaud to arrest me,” she submitted.
Clarke further stated that she was instructed to follow Persaud into a room in the upper flat of SOCU’s Headquarters. She was placed to sit on a chair in the middle of the room after which Ramana entered to tell her that she was under arrest for obstruction and left. While in the room, she was in communication with Allicock via her cellphone after which it was forcibly taken away by Persaud.
At that time, she attempted to leave the room but was prevented from doing so by the two male officers who executed her arrest.
Clarke said that she attempted to exit the room again but was blocked by Sergeant Singh. She also requested the presence of her lawyers but no heed was paid to her.
Subsequently, attorneys Allicock, Everton Singh-Lammy and Jacy Archibald entered the room and Singh-Lammy requested Clarke’s phone from the officers who ignored him. Shortly after, Hughes attempted to enter but was prevented.
Singh-Lammy later left the room so Hughes could gain access to his client. “Mr Hughes entered the room and enquired from the Officers in the room about the charge and the particulars. Constable Duke indicated that he had to go and get instructions from his superiors. A few officers left the room and returned. One of the officers indicated that I was arrested for attempting to pervert the course of justice. Mr Hughes enquired from the rank what the particulars were, and the rank stated Mr Hughes would have to call his superior, Mr Karimbaksh, for that. Mr Hughes attempted to call Mr Karimbaksh on his cellular phone but was told that Mr Karimbaksh was busy at the time. Constable Persaud then entered the room and placed my phone on my lap. After a few minutes, I was told that I was free to go by one of the Officers,” Clarke said.
She said that the entire ordeal lasted just about an hour. Additionally, the lawyer said that she was intimidated by the presence of all male officers who were present in the room when she was arrested.
The move to arrest Clarke has sparked widespread condemnation from the local Bar Association and Regional and International Bar Associations as well.
In a recent letter to Stabroek News, retired senior cop and former Chairman of the Police Service Commission Paul Slowe recounted a previous encounter he had with the said officer Ramana of SOCU.
Slowe had said he attended the Georgetown Magistrate’s Court on October 15, 2021 in response to a summons which had been secured by the said officer Ramana to answer what he described as a “trumped up” charge of conspiracy to commit fraud.
“On my arrival Ramana and other ranks from SOCU were there to unlawfully arrest me for the same matter that caused me to be there. He also stated that he wanted to arrest me to caution me after charge, which as a former senior police officer I found to be outrageous. The entire sordid incident was captured by members of the media and streamed live for the world to see.” He went on to remark, “It must be noted that despite the reports, the display of ignorance of the law and incompetence, Ramana was promoted from the rank of Assistant Superintendent to Superintendent, skipping the rank of Deputy Superintendent and superseding many others who were more competent and knowledgeable,” Slowe said.
Slowe wrote that he made a report about being assaulted at Brickdam Police Station by the officers concerned, and provided a detailed statement about the incident.
Nothing came of it, he said. He also made a report to the Police Complaints Authority (PCA), and when invited to meet the PCA in the presence of Constable Shaquel Duke and Superintendent Ramana the two refused to cooperate with the authority. The latter then said their conduct would be reported to the Police Commissioner.
On November 26 this year, Stabroek News reported that SOCU received 100 Suspicious Transaction Reports (STRs) that had a connection to money laundering from 2016 to 2020 but investigated less than half, according to the second Money Laundering and Terrorist Financing (ML/TF) National Risk Assessment (NRA) report.
As part of the NRA a team from the Anti-Money Laundering and Countering the Financing of Terrorism National Coordination Committee assessed Guyana’s ability to combat money laundering and terrorist financing.
It was found that Guyana’s Anti-Money Laundering legislation adequately provides for criminal sanctions, but since its enactment in 2009, there have been no convictions in relation to ML/TF crimes despite several investigations and the reports in the media of suspected criminal activities linked to money laundering.
Based on intelligence reports arising from STRs from the Financial Intelligence Unit (FIU), the assessment found that the FIU forwarded 100 intelligence reports for investigation, including follow-up reports. “Despite this large number of intelligence reports received, less than half were investigated, none resulted in prosecution or convictions and approximately 36 were not assigned for investigation as of the end of 2020,” the report stated.
