The ancient thinkers who spent countless hours pondering if an immovable object could truly exist are long gone, but had they lived to see Fizal Karimbaksh, they might have considered him a worthy candidate. For weeks, even amid mounting pressure over allegations of rape and threatening language against him and numerous calls for him to step aside, the head of the Special Organised Crime Unit (SOCU) remained firmly rooted at Camp Street. Whether it took an unstoppable force or a banana peel, Mr. Karimbaksh has, at last, moved.
Or so they say.
There are comments on social media that the SOCU boss has been spotted at his office. This author was unable to confirm those reports, and neither has the Guyana Police Force. The answer regarding his alleged presence therefore remains elusive, like so many other answers. However, we will work with Guyana Police’s last statement to the press, which stated that the SOCU Head had been sent on leave. Nevertheless, there are a few things that must be said.
It must be expressed, and perhaps to the dismay of some, Karimbaksh’s departure, despite his and the Force’s earlier foot-dragging, is not an admission of guilt. This editorial is not a court, and neither its author nor this publication has the authority or the evidence to pronounce upon Mr. Karimbaksh’s guilt or innocence. Nor is the removal of an official from office while an investigation proceeds unheard of. Perhaps it is not common enough in Guyana, and so the idea may appear novel. It is not.
When Karim Khan, Chief Prosecutor of the International Criminal Court, faced allegations of sexual misconduct around 2024, he temporarily stepped aside while an investigation proceeded. There are numerous examples where this has occurred.
But perhaps Guyana need not look as far as The Hague for an example. There is one much closer to home and indeed, came as a shock to many.
Dr. Andre Lewis, then a Member of Parliament for We Invest in Nationhood (WIN), recently resigned as a legislator amid serious allegations of a sexual nature. His resignation was not an admission of guilt. This editorial is not defending Dr. Lewis, but, as the saying goes, “Jack must be given his jacket” (in the appropriate size). And the jacket being given here is only this big: amid serious allegations and an ongoing investigation, Dr. Lewis stepped aside. That was the respectable thing to do. He still has to appear before the competent bodies to answer to these allegations.
Karimbaksh’s departure and Dr. Lewis’ resignation, though the circumstances are different, are both progressive developments in our country, not dismissing the grave allegations both men face. But are these sufficient to conclude that a precedent is being set? Perhaps not. A good precedent is worth little if it is applied selectively.
Years from now, anyone looking back at this period could reasonably conclude: Karimbaksh was sent on leave pending an investigation. Lewis resigned to facilitate a probe. Yet Ministers Deodat Indar and Juan Edghill and the heads of the maritime and harbour departments remained in office while a presidential-ordered Commission of Inquiry into the deaths of more than 100 persons was ongoing.
A historian could possibly inquire if these were different eras governed by different standards of accountability. For the record, they were months apart and the standards of accountability did not vary by time. They varied by the person(s) against whom the calls were made. And the calls for Deodat Indar and Juan Edghill to remove themselves were deafening. One could argue that those calls were among the loudest in recent memory.
Yes, the vessel’s crew members were suspended. Yes, some were charged. But notice that the buck stopped there. It did not climb further up the chain. Accountability lost the race to the top. Funny how that works, isn’t it? As the saying goes, “bad thing nevah got owna”. Glory, however, rarely suffers the same fate. When there is some remarkable achievement, a new vessel, a new airline or a road being built somewhere, the buck has no trouble travelling all the way to the top. Ministers cut the ribbons and bask in the niceness. But when tragedy strikes, Accountability becomes too frail to handle stairs. The “small ones” are cut loose, condemned and flayed in the public square, while those higher up the chain remain comfortably beyond its reach.
Back to Karimbaksh….
The female officer who made the allegations against him was transferred at her request from the location, while Mr. Karimbaksh initially remained in his position as the investigation proceeded. The police force team conducting the investigation might as well be Tom, Jerry, Bruno and Porky Pig. The identities of the officers, the departments they come from and their expertise in investigating such cases were not disclosed. This information is necessary because the investigation is being conducted by the very Guyana Police Force in which Mr. Karimbaksh holds senior office. He is a Deputy Commissioner.
None of this is to suggest that the investigators are incapable of acting professionally or impartially. There is no basis here to make such a determination. But justice must not merely be done. The public must have confidence that it is being done independently, without fear, favour or the shadow of influence.
Failure to deliver anything less would result in citizens expressing no confidence in these processes, like we witnessed several days ago when a distraught daughter who lost her father in the MV Barima Tragedy told the Commission to its face that she has no faith in it. This should have been a wakeup call to those who hold some level of control over the administration of justice.
The decision to send Mr. Karimbaksh on leave therefore removes at least one legitimate concern surrounding the process. It creates a degree of separation between the officer under investigation and the authority he exercises as head of SOCU.
And perhaps most interestingly, Mr. Karimbaksh himself should understand the principle better than most. This is not the first time he has faced a probe.
In February 2018, Kaieteur News reported that then Senior Superintendent Fizal Karimbaksh, while serving as Commander of ‘D’ Division, was removed from the division with immediate effect while the Police Office of Professional Responsibility investigated harassment claims levelled against him by a junior rank.
According to the report, Mr. Karimbaksh was reassigned to the Strategic Management Unit, while another Senior Superintendent was placed in command of the division.
That background is relevant, not because allegations made in 2018 establish anything about those confronting him today. But the 2018 episode establishes something relevant to the question of process. Mr. Karimbaksh has been here before and, therefore, it should not have taken marching orders for him to move. He should have moved of his own will.
The Police Force has now done what many had been calling for. The investigation must be allowed to proceed fairly, independently and without any presumption of guilt. Mr. Karimbaksh is entitled to that fairness, just as the complainant is entitled to have her allegations investigated seriously and without fear or favour.
But the principle should not end with Mr. Karimbaksh. If anything, we should keep adding to this precedent until stepping aside in such circumstances becomes so normal that nobody has to be publicly pressured into doing it. Lewis stepped aside. Karimbaksh has now been sent on leave. Let the list grow. Not the list of allegations, of course. We have quite enough of those. The list must grow of public officials who understand that temporarily stepping aside while serious allegations are investigated is not an admission of guilt. It is simply the decent and responsible thing to do.
As for the immovable object, we shall see what the unstoppable force will be.
