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A local businessman has moved to the courts, slapping Government with a $10 million lawsuit after he was detained at the Cheddi Jagan International Airport (CJIA) for several hours and his jewellery, valued at some $4 million, was confiscated on Tuesday.

Richard Ramjit, a businessman and goldsmith of Better Hope, East Coast Demerara, was detained for four hours and two pieces of his jewellery, a gold and silver necklace and a gold and silver band, were seized by officers of the Customs Anti-Narcotics Unit (CANU) under the new Anti-Money Laundering and Countering the Financing of Terrorism (AML/CFT) Amendment Act passed by Government last year.

This incident has brought to the fore concerns about how potential travellers will be affected by this new legislation, which allows designated officers to seize jewellery in excess of US$10,000.
According to the man’s Attorney, Anil Nandlall, Opposition Member of Parliament, he had pointed out this fact in Parliament during his arguments on the amendments.

“In 2013, I cautioned that if certain amendments were made to the Anti-Money Laundering and Countering the Financing of Terrorism Act conferring a power upon law enforcement officers to confiscate cash and jewellery to the tune of US$10,000 and above, the said power would be abused and misused … It is only a matter of time before this misuse and abuse is extended right across this country and persons who have the value of US$10,000 in cash and/or jewellery in the course of their legitimate business are exposed to the same being confiscated by an errant or overzealous law enforcement officer,” Nandlall said.

In the Notice of Motion filed on Thursday, Ramjit said that this was the first time he has had this experience despite wearing the two pieces of jewellery whenever he travelled and he would normally travel regularly.
The man noted that on the day in question as he was checking in at the airline counter, a person in civilian clothes approached him, and indicated that he was a CANU officer and wanted to search his suitcases. The officer also questioned him, the businessman recalled.

Ramjit added that after being questioned by two officers in a room, he was allowed to proceed to the Departure Longue, but shortly after, he was detained again.

“He again accused me of smuggling gold and again I denied this allegation.” The businessman said he was then taken to the tarmac where his checked-in suitcase was opened in the presence of the other passengers.
“This officer then demanded that I hand over to him the said neckwear and wristband; I did so and I have not seen either pieces of jewellery since. This officer also requested that I report the following morning to the Special Organised Crime Unit (SOCU) at Camp Street, Georgetown.”

Ramjit said that eventually he was told to leave, but by that time the flight had already left without him, incurring him a loss of US$750 (the cost of his ticket) and a further GY$400,000 for items he was supposed to buy and resell to make a profit.

“When I was being escorted around the Airport and when my suitcase was searched on the tarmac, the same were done in the full view of all other passengers and other persons, and I felt publicly humiliated and embarrassed,” the man stated.

In addition to asking the court to grant an order for his jewellery to be returned, Ramjit is also asking for “damages in excess of ten million dollars ($10,000,000) for breach of the applicant’s fundamental rights and freedom guaranteed by the Constitution of Guyana”.