Attorney Nigel Hughes said it would be “difficult” for the Regional Security System (RSS) to come up with a “full” and “credible” report on the corruption allegations levelled by Detective Sergeant Dion Bascom due to key flaws including the failure to interview him.
The RSS report was not released by the Government. Instead, the Ministry of Home Affairs issued a statement on Friday night purporting to relate the key findings of the RSS investigation. It said that the RSS found no evidence of corruption or attempt to cover up the 2021 Ricardo Fagundes murder case.
Bascom went public on August 11 with chilling allegations including claims that there was a cover-up in the Fagundes murder to protect a businessman and that a large bribe had been paid. This prompted calls for an international probe causing the Government to invite the Caribbean RSS to investigate the allegations.
In a telephone interview with Sunday Stabroek yesterday, Hughes said the premises of the report have “some serious” reliability issues. “…This is purely by way of example, they for example say that the credibility of Mr Bascom is based on the fact that he had been recently arrested and it was as a result of that arrest these statements had been made,” Hughes said.
He said that Bascom had notified several high ranking officials included Minister of Home Affairs, Robeson Benn about difficulties in the 2021 Fagundes murder investigation months prior to going public with the allegations. “Mr Bascom had notified several high ranking people since February /March including the Minister of Home Affairs about difficulties with the investigation…..So he could not have anticipated his arrest which would have been six months later at the time he made those revelations,” Hughes said.
“Secondly……no one from the RSS at any time attempted to speak to or interview Mr Bascom about what he had said or about where he was or his role in the investigation and I think a full and credible report would be difficult in the absence of those things,” he added.
Hughes said he hopes that the report would be released so he can have a look at it himself. “…We would rather see the RSS report than the ministry interpretation of the report….. I rather see the document itself and I hope that they will release the document,” he said.
As a matter of fact, Hughes said he planned on reaching out to acting Commissioner of Police, Clifton Hicken yesterday, requesting a copy of the report. “Certainly, the next step is that we would want to see the RSS report ourselves rather than somebody else’s interpretation of that report. If they don’t offer it definitely we will ask for it immediately. I will email the Commissioner of Police today (yesterday) asking for a copy of that report,” Hughes told Sunday Stabroek.
According to the ministry, 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.
Fagundes, who was a close friend of convicted drug trafficker, Roger Khan, was riddled with bullets 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 convicted drug trafficker, Roger Khan.
An autopsy later confirmed that Fagundes was shot about 20 times about his body. Khan later said he was the intended target of the attack.
Findings
According to the ministry, the government had made an official request for investigative services by the RSS’ Office of Professional Responsibility.
As a result, a former Detective Chief Inspector of the Metropolitan Police Service, Serious and Organised Crime Command (United Kingdom) was deployed to provide assistance. The name of this person has not been provided by the ministry.
In the release, the ministry listed what it said was the key findings of the RSS review.
It said that the bribery allegations made by Bascom against the GPF, namely, that Detective Superintendent Caesar and Inspector Stephens attempted to cover up the unlawful killing/ homicide of Fagundes “were hearsay having no provenance”.
The findings released by the ministry also attempted to discredit Bascom in the same manner as senior cops in the wake of his allegations on August 11. The Ministry said: “Sergeant Bascom was arrested at a location where illegal drugs were found during a Customs Anti-Narcotics Unit operation. He consequently made two live streams where he made further allegations and personal demands. The timing of these revelations causes one to question the veracity of his allegations. It was noted that his decision to make these live streams was in contravention of Section 19 (5) (a) of the Cyber Crime Act No. 16 of 2018 of the Cooperative Republic of Guyana where he used a computer system to transmit electronic data with intent to humiliate, harass or cause distress to D/ Supt. Mitchell Roach, D. Supt. Chabinauth Singh and Detective Sgt. Kester Cosbert and others”.
The ministry further stated that the veracity of the allegations was “further undermined” by the fact that Sgt. Bascom was found to be living rent-free in a furnished property in the area of Essequibo belonging to an Essequibo businessman and gold trader.
It added that it had further been found that Sergeant Bascom was also working as a personal security officer for the said Essequibo businessman. “It is noted that Sgt. Bascom’s private employment as a security officer for the businessman was in direct contravention of Section 32 of the Police Act CAP 16:01 which prohibits members of the GPF from engaging in Trade or Business without the consent of the Commissioner of Police (COP). Further, Section 31 (1) prohibits the rank from holding any other office or employment for hire or gain”, the ministry said.
The ministry further said that Bascom has denied leaking information to the media as it relates to the ongoing investigations but that “there is evidence that he did contact the Press and this was confirmed to the police”.
On the key allegation by Bascom that the GPF tried to cover-up the unlawful killing/ homicide of Fagundes, the ministry said that there is evidence that the GPF has “diligently sought Regional and International assistance in solving this case”.
Additionally, the ministry statement also said that an unnamed “close associate” of Fagundes, who was in his company just prior to his death, gave investigative officers inaccurate statements relating to the events on the night of the incident.
The evidence obtained by the investigators revealed these inconsistencies. “An example of this is the fact that, the close associate said that Fagundes was driving the vehicle on arrival at the location of the incident. However, CCTV records show that the said associate was the one driving. CCTV also show that his description of the movement of the vehicle, whilst in the area, was also inaccurate and he neglected to tell officers about the third person who arrived at the club with them in the vehicle”, the police said.
Further, the ministry said that Bascom alleged that there was a device in the possession of the police which identified Mark Richmond’s cell phone as being at the scene of the unlawful killing/ homicide of Fagundes when it happened. “However, the GPF’s technical officer ASP Rodwell Sarrabo has confirmed that the Police Force does not have any such technology and that Sgt. Bascom was never at the crime scene with him.
It is the opinion of the reviewing officer that the Guyana Police Force has done extensive work into the unlawful killing/ homicide investigation. There is no evidence to suggest that there was any attempt to cover-up this case and there is also no evidence of corrupt practices as alleged by Sgt. Bascom”, the statement said.
The statement was silent on Bascom’s assertion that he had been a part of the investigation into the murder of Fagundes. It was also silent on businessman Azruddin Mohamed who had sued Bascom over several allegations that he had made.
More danger
After he made the allegations, Bascom proceeded on sick leave. Bascom subsequently returned to duty. He returned to 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.
To date, he is yet to receive a response. “I have never had the benefit of any response from the Office of the President or the President other than that which we read in the Press that he had received the document,” Hughes yesterday told Sunday Stabroek.
“It is unfortunate that one of the possible interpretations of the President’s action does not boost the confidence for whistleblowers…We will reserve any further comment until we have the benefit of seeing that report,” he said.
Nevertheless, Hughes said arrangements are being made for Bascom’s safety since he is now in “more danger”. “It is evident now that Mr Bascom life is going to be in even more danger. We are making arrangements for his safety,” he noted.
Hughes is seeking protection for Bascom under the Protected Disclosures Act.
The police have received legal advice for Bascom to face several charges but they have not yet been laid.
