The Full Court has ruled that the Special Organized Unit (SOCU) of the Guyana Police Force has the legal capacity to institute legal actions in its own name.

According to a statement issued by the Attorney General’s Chamber, the decision was handed down by Full Court Judges, Justice Nigel Niles, and Justice Zamilla Ally-Seepaul on Thursday, December 18.

The Full Court found that the Anti-Money Laundering and Countering the Financing of Terrorism Act empowers SOCU to independently institute and maintain legal actions.

Back in May, High Court Judge, Justice Peter Hugh, struck out an application by SOCU to restrain and detain a large quantity of gold, foreign currency and Guyanese dollars, which were properties of Sebastiao Moura and Gago Gold Inc. The items were suspected to be tainted by money-laundering. But by June, 2025, SOCU appealed the ruling.

Sebastiao Moura, a Brazilian national with gold mining operations in Guyana, has been charged with five counts of money laundering in contravention of the AML/CFT Act. The case is ongoing in the Georgetown Magistrates’ Court.

The Attorney General Chambers explained that in dismissing SOCU’s application for the detention and restraint orders, Justice Hugh ruled that SOCU has no legal capacity to institute or maintain legal proceedings as it is not a body corporate within the meaning of the Companies Act, and that no provision of the AMLCFT Act expressly conferred upon it such status.

However, the Full Court has effectively set aside that ruling.

The Attorney General, Anil Nandlall, in his submissions to the Court, argued that issue of SOCU’s capacity to institute legal proceedings in its own name was of substantial importance, adding that Justice Hugh’s ruling effectively disabled SOCU from performing critical statutory functions expressly conferred upon it by Parliament under the AMLCFT Act.

It was further submitted that should the ruling of Justice Hugh stand, SOCU would be crippled in the execution of its mandate under the Act and as such, the warrants authoritative determination by the Full Court.

In its decision, the Full Court agreed with the Attorney General’s submissions, pronouncing that the question of SOCU’s legal standing is one of public importance, bears directly on the effective administration of the AMLCFT regime.

The Full Court, according to the Attorney General’s Chambers, found that there is no need for SOCU to have the corporate personality to do so, as Parliament expressly conferred upon it, the requisite legal powers as a relevant competent authority to institute and maintain legal proceedings.

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