Minister of Home Affairs Robeson Benn has defended the rehiring of Customs Anti- Narcotic Unit Director James Singh but has blocked him from speaking on the Commission of Inquiry (CoI) which led to his termination from the position under the former APNU+AFC government.
“I am satisfied of the actions he took,” Benn told Sunday Stabroek yesterday when contacted and said that he was glad to work with Singh, whom he found to be “very professional”.
Asked if Singh will be given clearance by him to speak on the CoI’s findings, Benn said “no.” Pressed on his decision for non-clearance to speak, he said that he did not want this newspaper to “badger” Singh with questions.
This newspaper contacted Singh last week for comment on the CoI report and he said he would only speak if given clearance by his subject minister, Benn.
The Minister of Home Affairs said yesterday that he is also “not ready” to look at sweeping recommendations for the revamping of CANU made by the CoI, so that it could be more efficient.
While no announcement was made by the PPP/C government, Singh was reinstated last week.
Singh had been removed by the former government due to the findings of a presidential inquiry, which concluded that he showed egregiously flawed judgement and breached multiple laws when he released a vessel laden with suspected liquefied cocaine during a 2017 operation.
On February 16th, 2017, US and Trinidad Coast Guards intercepted the suspicious vessel approximately 70 nautical miles north of Paramaribo, Suriname, in international waters and found 3,769 kilos of cocaine, which carried a street value of US$71 million.
The CoI set out to inquire into the circumstances surrounding the entry into, the interception, detention and subsequent release of an unnamed private maritime vessel in the sea space surrounding the territory of Guyana on or between February 11 and February 14, 2017, and to report the findings and recommendations to then president David Granger.
Granger himself had only learnt of the interception through a meeting with the then United States Ambassador, according to the report of the CoI, which was led by retired Guyana Defence Force Chief of Staff Bruce Lovell, and also comprised Assistant Commissioner of Police (Ret) Winston Cosbert, and Christine Bailey.
According to the report, seen by this newspaper, the Commission conducted in-camera hearings and heard testimonies from 21 witnesses from April 6, 2017 to May 29, 2017. Those giving evidence included the Minister of Public Security Khemraj Ramjattan, the Director of the National Anti-Narcotics Agency (Designate) Michael Atherly, Singh and other CANU Officers, the Commanding Officer of the Coast Guard and other Coast Guard ranks, the Chief Executive of the Guyana Energy Agency, Mahender Sharma, a civilian ship captain and a Guyana Police Force member.
Despite the role of the US Drug Enforcement Administration (DEA), which tipped off Guyanese authorities and played an active role in the search of the vessel, the CoI did not ask or attempt to interview its agents or the then US Ambassador due to the belief that they would have invoked their diplomatic immunity. The DEA was nonetheless praised in the report for its role as it had tracked the vessel and kept in contact with Singh.
“The DEA’s involvement was from the intelligence gathering stages, which eventually led to the launch of the operation. Head (of) CANU [Singh], on learning of the target vessel’s departure, informed the DEA so that they could pass this information to an international task force in the Caribbean comprising US, UK and French naval vessels. The DEA subsequently informed Head (of) CANU that the target vessel was seen returning to Guyana’s waters. At Port Charity, the DEA observed the search of the target vessel and also conducted interviews of the crew. The US Coast Guard were involved in tracking the vessel and eventually intercepting, interdicting, and in concert with CANU, executing a board and search operation of the target vessel, and escorting the vessel for a short distance,” it said.
‘Defined protocols’
But the report also pointed out that the US conducted operations in Guyana’s sea space without the requisite written or verbal authorisation, as stipulated in the Maritime Drug Trafficking (Suppression) Act. “This breach was further compounded when they accepted CANU’s invitation to board and search the target vessel,” the report said.
Recommendations were made in relation to the reporting, investigation and prosecution of offences committed at sea and what measures, if any, are required for the prevention of the recurrence of similar incidents in the future.
The CoI pointed out that the Narcotic Drugs and Psychotropic Substances (Control) Act adequately caters for the issues of reporting, investigation, and prosecution of offences committed at sea. However, for the execution of multi-agency operations there is a need for the formulation of Standing Operating Procedures. It should, the report said, “stipulate: (a) Who is the lead agency. (b) Whenever breaches of the law are discovered, there is the need for the handing over to the appropriate agency to facilitate investigation and prosecution of offences. (c) Whenever a multi-agency operation involves a foreign state, Head (of) CANU, or any other Agency Head, must not be empowered to commit resources of the State without approval of a superior authority. (d) Clearly defined protocols for the request of assistance from one law enforcement agency to another.”
Guyana recently signed a Shiprider agreement with the United States and can take care of the legal aspect of US patrols in Guyana’s waters as it would see joint patrols between Guyana and the US where personnel from the two countries are placed on each other’s vessels.
“Specifically, the US Coast Guard and the Guyanese Coast Guard can do joint patrols. So, for example, if there is another ship in Guyanese waters and it is potentially suspected of carrying illegal illicit goods, such as drugs, minerals, weapons, anything of that nature, then they can pursue the ship together. That can mean the Guyanese military person joins the US Coast Guard and vice versa. They will work together in order to pursue this effort…,” US Ambassador Sarah-Ann Lynch had explained to this newspaper last month in an interview.
Upgrading
The Lovell report had also recommended changes to the organisation, administration, operations, staffing and management of CANU in two broad areas: operations and administration.
On administration, the CoI said that to effectively fulfill its mission, there is need for a complete revamping and upgrading of CANU.
“This would occasion a revision of its organisational structure to better align it with new missions and tasks. Among the attendant benefits of this revamping will be: a much-needed strength increase; establishment of clear lines of authority; the existence of settled appointments, occupation specialties and rank structures; and the implementation of transparent salary scales,” it said.
The report also said CANU needs a clearly articulated and codified vision, mission and tasks that must be legislated. It added that the legislation must also bestow powers upon the agency, thus obviating the need for it to be conjoined to the Customs Act and the Narcotic Drugs and Psychotropic Substances (Control) Act.
To attract the most suitable people, it argues that the recruitment process must be revised to target an admixture of civilians, especially those with specialist skills, and persons with military and paramilitary backgrounds,” it added.
It also said that career advancement must be aligned to specifically design training courses and promotional criteria that are known to all ranks, with training courses formulated from within, along with subscription to courses conducted locally at institutions such as the police force and the army.
In terms of operations, it recommended that procedures should be enacted that mandate CANU to obtain approval from a superior authority whenever it has to conduct any operation involving other local law enforcement agencies or those of a foreign state. It further recommended that CANU must establish a Joint Operations Centre whenever it conducts operations with local law enforcement agencies. “The use of aide memoires should be employed by CANU to govern all issues pertaining to their preparedness for deployment on any operation,” it added, while explaining that this can eliminate the snafus experienced on this operation such as equipment failure, not having the appropriate equipment, and who has releasing authority.
The CoI report also said a forensic drug analyst must be utilised to conduct narcotics field tests whenever there are large seizures of narcotics. Additionally, it said that irrespective of the field tests results, it should be mandatory for confirmatory forensic laboratory tests to be done.
Another recommendation is that CANU utilise interpreters whenever the need arises during operations and the report said the ranks should be exposed to foreign language training.
In addition to recommendations for CANU, the CoI also recommended that the government should review its “blind eye policy” on fuel importation in all regions since it concluded that this can facilitate negative second and third order effects, such as drug trafficking.
It also argued that the MARAD (Maritime Administration Department) should exercise greater monitoring and oversight to ensure that all vessels are registered.
It said, too, that all agencies of the Inter-Agency Task Force on Narcotics and Illicit Weapons should engage in continuous joint training to ensure greater interoperability and knowledge of jurisdictional responsibilities.
