Even though the conduct of the Special Organised Crime Unit (SOCU) is being heavily criticized, both Minister of State Joseph Harmon and Public Security Minister Khemraj Ramjattan have expressed satisfaction with the work that has been done so far.
There has also been an acknowledgement that the unit, which was set up as part of the requirements for anti-money laundering and countering the financing of terrorism legislation is inadequately staffed and its current complement is being overworked.
To date, little is known about the unit’s staff size and its makeup. Questions have also been raised as to how the unit is supposed to operate and what its mandate involves.
SOCU became a topic of hot discussion after a crash on Carifesta Avenue on December 30 last year. Army intelligence officer Robert Pyle who died when his car collided with a Canter truck during a high-speed chase was on a SOCU operation. His wife and the driver of the truck also died in the crash.
“I think the department, frankly speaking, is overworked and certainly I believe they will require additional staff, additional equipment to do the volume of work which has to be done by the unit… with the limited … staff that they have I think they are doing an excellent job,” Harmon said at Parliament on Thursday last. He had been asked whether he was satisfied with the output of the unit.
There has also been controversy over whether SOCU falls under the Guyana Police Force or the Ministry of the Presidency. During the consideration of budget estimates last week, the opposition expressed concern at the allocation for SOCU being listed under the Ministry of Presidency.
Former attorney general Anil Nandlall said at a subsequent press conference that a law enforcement agency of the state must always remain independent from the political directorate or it “will be used for political purposes.” A demand has been made that it be removed from under that government agency. However, Harmon’s explanation in parliament was that when government took office that was where the unit was and attempts are now being made to place under the Guyana Police Force.
When asked about this by Stabroek News, Harmon said SOCU is an arm of the Guyana Police Force. “That is how it is,” he said explaining that it was established in conformity with the Anti-Money Laundering and Countering the Financing of Terrorism legislation and therefore it was “hurriedly established under the Ministry of Presidency which at that time was the Office of the President.”
He continued, “Really it has been gazetted as a branch of the Guyana Police Force and what has happened is that there are certain financial arrangements which continue to be met from the Ministry of the Presidency and that is why it is there.”
He said one would recognize that $40 million was budgeted under the Ministry of the Presidency for SOCU in the 2016 Budget and that was really to just assist in “special operations.” He said that was a small sum for such a unit.
“So they are basically being provided for under the Guyana Police Force and that is where they will develop. So Mr Nandlall could say what he wants… that is where it was established under the PPP administration which he formed a part of… While we can review things, we believe that in the best interest of security and in the best interest of the nation that it is the best placed under the Guyana Police Force for all of the operational purposes and for deployment of its resources,” he said.
It would appear that the PPP is of the view that it should have nothing to do with the police.
The party’s General Secretary Clement Rohee said during a recent press conference that there is a continued misunderstanding of the role of the unit and he called for the donor community, which would have contributed to its establishment, to take a greater interest in what is happening with it.
“I want to make it clear that SOCU is not an extension of the Guyana Police Force. SOCU is not an arm of the CID; it is not. Sometimes people tend to get this thing mixed up that SOCU is part of the Guyana Police Force. Even though some members may have been given police ranking in SOCU it doesn’t necessarily follow that they are an adjoin of the CID,” he had said while stressing its link to the Financial Intelligence Unit (FIU).
Meanwhile, with regard to the draft protocols for the unit, Ramjattan told Stabroek News that they will be made public as soon as he goes through them with the Attorney General and President.
He said he has them in his possession and the meeting with the AG and president could happen as soon as this week.
Asked if he was satisfied with the operations of SOCU, he said, “Yes, I am very satisfied.”
He said that whenever the police are doing their detective work, those who are at the opposing end of the investigation are “always going to be concerned.” Ramjattan said that as far as operational matters go, “we have to trust the police.”
Since the start of the year there have been two known operations and two jewellery seizures at the airport. SOCU has not released any information on either jewellery seizure but one of the persons has since filed a multi-million-dollar lawsuit. His jewellery is said to be valued approximately $4 million, which is above the US$10,000 ($2 million) that should be declared to Customs prior to leaving the airport.
The first operation involved raids on the East Bank and East Coast Demerara. Two persons were arrested and approximately $16 million seized. SOCU has since approached the High Court with respect to this case.
The second raid occurred last week at the Kitty home and Regent Street store of the owner of Dhoray’s Shopping Centre. According to reports, gadgets and documents, some of which have confidential information, were seized.
SOCU’s head Sydney James had revealed very little information on the first operation and declined to say anything when contacted about the second one.
Ramajttan said that he is awaiting a report on the latest case.
Nandlall has expressed concern that SOCU is operating under a protocol that gives all police and Custom ranks the power to seize items specified in the Act as opposed to only those at ports of entry and exit.
“We [the PPP] objected while we were in government and we warned the opposition not to pursue the course to insert that in the legislation; that is the power that is given to police officers and customs officers to enter into people’s home and to seize and to confiscate therefrom sums of money which includes jewellery,” he said.
According to Nandlall, the then government had said that under the requirement this was a condition that must only apply at ports of entry and exit and that it was not a Financial Action Task Force (FATF) recommendation that the provision must apply throughout the country.
“They rejected our proposals and they have inserted it,” he said, adding that in arguments the party had said that the provision will be abused and misused.
“From all the evidence that is being unearthed it is clear that our predictions and our apprehensions are being borne out. This provision in the law is being used as a weapon against the people of this country,” he said.
When asked about Nandlall’s concern, Ramjattan stressed that crime is countrywide and just not confined to the ports of entry.
“Police must go where the crime is suspected to be, based on reasonable suspicion. The crimes are not only going to be at the ports. Crimes are going to be all over the place and where must they go, confine themselves to ports? That’s crazy,” he said.
The Fraud Company, which is based in Ireland, has been brought in to provide training and give expert advice to the SOCU and its director Dr Sam Sittlington has already detected a number of areas which he says need addressing if it is to function effectively.
SOCU was set up in 2014 by the then PPP/C government to deal primarily with investigating suspected cases of money laundering and the financing of terrorism. As it stands, SOCU has its own staff including police investigators. Its head was an army intelligence officer who was given an Assistant Commissioner rank.
