[UPDATED] Charges against ex-SSA employees, police officer dropped

- File photo

Charges against two former employees of the Strategic Services Agency (SSA) and a police officer have been dropped by the court because the prosecution failed to comply with court directives, including the timely preparation and prosecution of the case.

On February 26, Master Kimitra Gray freed Ian Albert Ezekiel Brown, pastor of the Jerusalem Bride Church and self-proclaimed spy; Sgt Sherwin Waldron, who was formerly assigned to the Special Operations Response Team (SORT); and former security supervisor of the SSA Susan Portell-Griffith, after the State failed to progress the case.

The master’s order came after objections by the defence to two applications by the prosecution for extensions.

Gray said she was troubled that the applications mirrored each other but provided no evidence in support to justify giving extra time. She also noted complaints by the defence that statements were filed but not served on the defence while over 30 were sworn to but not filed.

Grey said she had to consider the overriding objectives of the court’s rules, warning that a party seeking an extension could not expect to receive the court’s indulgence without saying why the extra time was being sought or providing supporting evidence. Prosecutors had up to September 22, 2024, to file any application for extension under the master’s scheduling order but did so on September 23 and in December.

Gray said there was no compliance by the state or progress of the case and its applications for extensions being filed out of time without evidence, so the three were discharged.

“An accused is entitled to a fair trial,” Gray said.

Attorneys for the three, Ian Brooks, Arden Williams and Darren Mitchell earlier expressed their concerns with the “continued non-compliance of the court’s orders.”

Brooks stopped short of saying it was offensive but noted there was a total lack of disrespect for the defence which had been happening “ad nauseum and continuously.”

He said the defence has been left in the dark and has been forced to regularly contact the prosecution to get information. Williams also complained about the general conduct of the prosecution and the breaches of the June 27, 2024, scheduling order. He said the matter had garnered “public interest in a sensational manner,” while Mitchell urged the master to exercise her powers under the criminal procedure rules for the “flagrant disregard and breaches.”

The three were charged late on May 20, 2024, with multiple counts of misbehaviour in public office related to the alleged transfer and possession of firearms and ammunition. They were granted a total of $1.5 million bail to cover the charges against them.

The charges against Brown, Waldron and Portell-Griffith stemmed from the alleged “transferring” of four “prohibited firearms” from the police service to the SSA.

Waldron allegedly committed four offences of misbehaviour in public office by transferring the two Sig Sauer MPXs and two Sig Sauger 516 firearms “without lawful authority” on April 29, 2021.

Their re-arrest and charges against them came 24 hours after the three, along with fired SSA director Major Roger Best, had been released from custody.

Best was not charged.

Best was fired on May 18, 2024, which was announced in a statement from the Ministry of National Security that Minister Fitzgerald Hinds had advised acting President Nigel de Freitas to terminate Best’s appointment as director of the elite agency with immediate effect.

Best remained in custody after police detained him for questioning on May 16, but was released days later.

In early March, the Prime Minister, as head of the National Security Council, recalled retired Brig Gen Anthony Phillips-Spencer, ambassador to the US, to replace Best.

Dr Rowley announced Best’s suspension shortly after he met with the Central Intelligence Agency director and other top US intelligence officials on a trip to Washington, DC. Rowley said the reason for the decision was an impending threat to national security.

In mid-March, then-Police Commissioner Erla Harewood-Christopher dismissed Brown as a special reserve police officer.

The arrests followed a two-and-a-half-month-long investigation into a wide range of allegations against SSA agents and a series of interviews, including one with former CoP Gary Griffith.

Police searched the homes of Best and the others simultaneously shortly afterwards. Investigators searched for electronic devices to be examined for communications data and stored data by the police cyber and social media unit. The four were questioned about the transferring of two Sig Sauer SMGX firearms, two Sig Sauer 516 rifles with optics and an assortment of ammunition from the police to the SSA on May 17.

On May 18, more interviews were done.

On May 19, Dr Rowley told reporters the scandal at the organisation had blindsided the government.

Speaking with the media at Piarco Airport after a trip to Ghana and India, Rowley said the government had nevertheless acted quickly and decisively.

He said little about what the ongoing audit into the agency has found, but added, “We expect that we will rectify it and return the agency to its purpose.”

The discharge of Brown and the others comes three months after seven police officers accused of extortion were also freed because the prosecution failed to meet court orders. Days later, the charges against them were reinstated on the advice of the Director of Public Prosecutions (DPP).

Efforts to reach DPP Roger Gaspard were unsuccessful. It is open for the police to re-file the charges after the matter is reviewed by the Office of the DPP.

This story has been updated to include additional details. See original post below.

Charges against two former employees of the Strategic Services Agency (SSA) and a police officer have been dropped by the court because the prosecution failed to comply with court directives, including the timely preparation and prosecution of the case.

Master Kimitra Gray freed Ian Albert Ezekiel Brown, pastor of the Jerusalem Bride Church and self-proclaimed spy; Sgt Sherwin Waldron, who was formerly assigned to the Special Operations Response Team (SORT); and former security supervisor of the SSA Susan Portell-Griffith.

The three were freed on February 26, after the state failed to progress the case.

They were charged late on May 20, 2024, with multiple counts of misbehaviour in public office related to the alleged transfer and possession of firearms and ammunition.

Their re-arrest and charges against them came 24 hours after the three, along with fired SSA director Major Roger Best, had been released from custody.

Best was fired on May 18, 2024, which was announced in a statement from the Ministry of National Security that Minister Fitzgerald Hinds had advised acting President Nigel de Freitas to terminate Best’s appointment as director of the elite agency with immediate effect.

Best remained in custody after police detained him for questioning on May 16, but was released days later.

In early March, the Prime Minister, as head of the National Security Council, recalled retired Brig Gen Anthony Phillips-Spencer, ambassador to the US, to replace Best.

Dr Rowley announced Best’s suspension shortly after he met with the Central Intelligence Agency director and other top US intelligence officials on a trip to Washington, DC. Rowley said the reason for the decision was an impending threat to national security.

In mid-March, then-Police Commissioner Erla Harewood-Christopher dismissed Brown as a special reserve police officer.