The Special Organised Crime Unit (SOCU) has been given oversight of areas outside of money laundering and the financing of terrorism under an amendment to the police force’ standing orders, which appears to be the source of renewed opposition concerns about the unit and why Attorney-General Basil Williams has signalled plans to make it independent.
Under the previous PPP/C government, SOCU was established specifically to investigate Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT)-related offences. However, based on the amendment to the GPF Standing Order No. 62, which was submitted to Parliament by Public Security Minister Khemraj Ramjattan, SOCU will now have powers to investigate crimes such as murders, piracy and smuggling, which traditionally fall under the ambit of the police.
Former Attorney-General, Anil Nandlall, in a comment to this newspaper following Williams’ announcement of the possible delinking of SOCU from the police force, had said that the protocols that will govern the Unit have “significantly expanded the mandate of SOCU to investigate a range of offences far and beyond what it was originally established to do which was to investigate AML/CFT-related offences only.”
Information on the amendment was submitted to Parliament after it went into recess as the Clerk Sherlock Isaacs, in a letter dated August 19th, said that Parliament Office had been requested by Ramjattan to forward the amendment to Members of Parliament (MPs).
The five-page amendment, which outlines the Unit’s administrative structure and its specific responsibilities, was shared with the media at a PPP/C press conference on Thursday.
It was while addressing the National Assembly in February that Ramjattan informed of the existence of the draft protocols. He said that following a review of it by the President and Minister of Legal Affairs, it would be made public. However pressing issues, including the deadly unrest at the Camp Street prison, delayed this process. Ramjattan later said that all that was needed was an amendment to the police act to cement the Unit’s procedures.
Questions were raised as to the operational rules governing the unit following a bungled surveillance operation last December, which resulted in the deaths of army intelligence officer Robert Pyle, his wife Stacy Pyle and truck driver Linden Eastman. Their deaths occurred after Pyle collided with Eastman as he was pursuing a vehicle transporting Alana Seebarran, wife of PPP/C MP Charles Ramson Jnr, along Carifesta Avenue. It was later revealed that Pyle was pursuing the wrong target and eyebrows were later raised as to how an army official was allowed to be part of such an operation. The amendment to the Standing Order No. 62 does not, however, address operational questions that were raised in the aftermath of the crash, such as the use of high speed chases and the co-opting of army personnel.
Responsibilities
Aside from the AML/CFT responsibilities, the amendment outlines that SOCU will be mandated to collect, investigate, gather and use forensic and other evidence of cases related to money laundering/terrorist financing and other criminal activities.
The criminal activities outside of terrorism and money laundering which were outlined in the amendment are: participation in an organised criminal group and racketeering; trafficking in human beings and migrant smuggling; sexual exploitation, including the sexual exploitation of children; illicit trafficking in narcotic drugs and psychotropic substances; illicit arms and ammunition trafficking; corruption and bribery; fraud; counterfeiting and piracy of products; environmental crimes; murder; grievous bodily harm; kidnapping, illegal restraint and hostage taking; robbery or theft; smuggling; extortion; forgery; piracy; insider trading and market manipulation; tax evasion; and gold smuggling.
The amendment says too that SOCU will also be responsible for responding speedily, accurately and effectively to urgent requests by the police commissioner, Director of Public Prosecutions (DPP), police legal adviser, Customs Anti-Narcotics Unit (CANU), Financial Intelligence Unit (FIU) and other law enforcement agencies and any relevant authorities on matters related to suspected criminal activities and financial transactions.
It is to act speedily, accurately and effectively upon receipt by the Unit or acquisition of knowledge of any urgent information, data or compelling evidence of suspected criminal transactions or a financial crimes including money laundering and financing of terrorism.
According to the amendment, the Unit is responsible for designing, implementing and maintaining a system to monitor criminal investigation programmes and Standard Operating Procedures within SOCU.
With regards to financial crimes, the Unit will be responsible for receiving suspicious transaction reports, complex financial data and information from the FIU, law enforcement agencies and other relevant authorities for investigative processing.
It will also be responsible for the preparation of ‘Criminal Investigative Reports’ to be forwarded to the DPP for further action and the preparation of ‘Financial Criminal Investigative Case Files’ to be forwarded to the DPP for Criminal Prosecutions.
It will also interview informants, suspects and witnesses to ascertain alibis, clues, time frames and giving evidence in court and keep and safeguard detailed records of all information or data collected or gathered for used by the Unit and other relevant agencies as may be instructed by the Police Commissioner from time to time.
The Unit will also be responsible for securing evidence and ensuring the safe dispatch of same to the relevant authorities and also ensuring that systems are in place for the utilisation and analyses of laboratory testing for DNA, fingerprint testing and for other necessary processes.
It is stated that the Unit is also responsible for obtaining and using search warrants to aid investigations; providing feedback to the FIU on intelligence reports received and ensuring systems are in place for regular staff training.
