Cleared by the T&T Police Service of wrongdoing in an investigation into alleged suspicious banking transactions, ACP Irwin Hackshaw says he feels "somewhat vindicated and relieved."
"It was fulfilling. It brought closure to unwarranted and frivolous attacks on me and my character and I knew one day the results would have proven that I am not culpable or guilty of any crime. All I was guilty of was assisting and treating with police officers when there are functions and keeping proper functions with them," Hackshaw told Guardian Media on Thursday.
Hackshaw, speaking about the closure of the official TTPS investigation into the alleged $2 million transaction, said he had confidence in the system.
However, he said he was mindful that the Police Complaints Authority (PCA) was still conducting its investigation and would not make any pronouncement on that matter.
The PCA said upon its independent investigation and closure of the probe, it will make recommendations "to the Commissioner of Police on the conduct of officers in private work-related business whilst being employed as a police officer and also make recommendations on how police collect donations from the public for alleged police events."
Hackshaw spoke after Guardian broke the story about him being cleared of wrongdoing on Thursday, followed by the official announcement on that same day by Commissioner of Police Gary Griffith at the TTPS's media briefing.
The Express newspaper in March reported that Hackshaw had been flagged at three financial institutions for suspicious transactions amounting to $2 million. The report also indicated that the banks reported the transactions to the Financial Intelligence Unit (FIU) of T&T following deposits into over 15 Royal Bank personal accounts belonging to Hackshaw during the period 2014-2019.
ACP Winston Nurse of Port-of-Spain and Western Division was later mandated to conduct an intensive investigation into the matter with the help of corporals Ramsingh and Maharaj of the Professional Standards Bureau (PSB). As part of the investigation Nurse had to review documents from the FIU obtained by Supt Deosaran of the Financial Intelligence Branch (FIB) and then superintendent of the Fraud Squad Totaram Dookie.
In the final report which Guardian Media obtained, Nurse said "The remit of my team was to provide answers as to whether these alleged payments amounted to any criminal offence."
BUSINESSMEN GIVE A BREAKDOWN OF CHEQUES
Nurse said Sgt Samuel of the Fraud Squad obtained and executed production orders on five financial institutions–Scotiabank, Royal Bank, Police Credit Union, Unit Trust Corporation of Trinidad and Tobago, and FCB.
Investigators also obtained information from the Registrar General about several companies which allegedly made payments by cheques.
The report stated that the police interviewed the businessmen who allegedly gave cheques to Hackshaw–Damian Liang, Mitra Dharamasingh, Yan Ping Chen, Phillip Buxo, David Jaikissoon, Naeem Ali of NAMALCO Construction Services Limited and Motilal Ramhit and Sons.
Most of the businessmen were able to give a detailed breakdown of the cheques issued to Hackshaw.
*In Liang's case, he made a contribution of $12,500 for police functions, and the other cheque for $6,500 was for consultancy services provided by Hackshaw in 2017.
*Dharamsingh said he donated $40,000 for police functions, while an additional $17,000 was paid to Hackshaw in two cheques for consultancy work in 2017.
*Ping Chen said he wrote one cheque for the sum of $10,000 for police events to Hackshaw in 2017.
*Jaikissoon said he issued four cheques in 2017 for a total of $105,000 and three were for police events. The fourth cheque was a $25,000 payment to Hackshaw for security consultancy services after they made an oral contract.
*Ali also told police he paid out a similar sum of $105,000 in cheques for four police functions and one cheque for consultancy services for Hackshaw's brother Kenwyn, who is affiliated with the consultancy company KHBC. These payments were made during the period 2016-2018.
*Police also interviewed family members of deceased Premchand Ramhit, who acknowledged that the businessman had made a payment of $10,000 (cheque # 27944), according to the notation attached to the cheque, for a police function before his passing in September 2017.
Nanda Ramhit, who had co-signed the cheque, was also interviewed by police, but could not say what was the purpose of the donation. His office manager Krishenshand Siewnarine was also unaware.
*Buxo, who gave a one-off donation of $50,000 via an RBL cheque, was not interviewed by the police.
Asked about the soliciting of funds and donations for the police service, Hackshaw said that police have been soliciting funds for a long time for events. "From the commanders in the station go right up to the senior level, we try to raise funds for functions, sports events and even gatherings we have for retirees. The police service cannot supply funds for all these events so that is why we look for legal corporate citizens."
SEVERAL ACCOUNTS
Nurse concluded that Hackshaw did not have 15 accounts in one bank. He noted, "What our investigation found is that Mr Hackshaw although he had several accounts, all were not with the same bank. They were with various banks and credit unions. We can safely dismiss any liability contemplated or otherwise in relation to Mr Hackshaw being the holder of 15 bank accounts."
Investigators discovered that Hackshaw had a salary account at Royal Bank, an account at Scotiabank, two Mastercard accounts, one credit card account, two Roytrin holder accounts, and one other account. At the Police Service Credit Union he had five accounts.
Nurse stated in the report that they thoroughly investigated the issues listed below:
1. Was DCP Hackshaw permitted by the CoP to engage in private employment for remuneration?
2. If he did engage in private work, did he remit to the Board of Inland Revenue department the appropriate taxes given the fact that he is employed by the State?
3. Did DCP Hackshaw get permission to receive donations from corporate T&T or anyone else?
4. Does the police service have a policy of soliciting donations for police events from the Commissioner of Police?
5. Whether monies received by DCP Hackshaw for police events were applied appropriately to these events?
PERMISSION GRANTED?
On the first three questions, Nurse said he obtained letters from present CoP Gary Griffith and former commissioner Stephen Williams, as well as Harold Phillip who acted for both Williams and Griffith when they were out of the country.
Nurse said that letters obtained in April this year indicated that when Griffith came into office in August 2018 he had permitted Hackshaw to engage in private work and solicit donations for police events. Williams in a letter to Nurse denied that he had given Hackshaw permission to do any type of work other than a police officer. Williams also denied that he had been told by Hackshaw that he had shares in any company. Phillip, in his letter, also stated the same.
Nurse said in a statement given to police on May 22 Hackshaw claimed that Williams had given him permission to conduct private work and that Griffith also did the same when he later became CoP.
Nurse noted, "Further and finally, the issue of Mr Hackshaw receiving or not receiving permission to perform private work as a police officer is submitted not within the scope of this investigation and maybe the matter of another type of investigation."
Nurse said that neither Williams nor Phillip could say whether there was a set policy related to the acceptance or solicitation of donations and contributions from corporate or private citizens for police events. Nurse indicated in the report that "while the police regulations speak about police officers in their private capacity receiving gifts and rewards, it is very silent on the issue of contribution for police events."
Nurse said he sought guidance from retired ACP Annmarie Allen-Daly on this matter and she said that in principle permission to solicit donations and contributions from corporate or private citizens for police events must come from the CoP.
Checks were also made with divisional heads about this issue and ACP Patsy Joseph and ACP South Hodge Griffith indicated in their statements that there needs to be a policy on this matter. Nurse stated in the report, "it is clear that the police service does not have a policy as it relates to solicitation and collection of donations for police events.
"It is therefore submitted that the practice is common in many areas of the police service and in this regard if done by Mr Hackshaw should not in my respectful submission attract sanctions for him and no sanctions for the others."
When asked by the Sunday Guardian if he was in support of establishing a clear policy on this matter, Hackshaw said, "I have no objection to some kind of policy for obtaining solicitation and donations for police events, that decision lies with the head of the organisation."
HOW WAS THE MONEY SPENT?
There was also the issue of whether Hackshaw had used the monies for the intended purpose. Nurse said based on their investigations ACP Hackshaw had hosted several functions while in the Southern Division and other places where he worked.
This was corroborated by the statements of chief clerk of the Southern Division Cpl Ragoonath and a guest Mr Gajramsingh.
ACP Wendell Williams also indicated that the Policemen Can Cook 2019 got off the ground with donations and contributions from corporate T&T.
On private work performed by Hackshaw, Nurse stated that Williams and Phillip did not consent. However, the money obtained by Hackshaw for private work was not in contravention of the Proceeds of Crime Act.
Nurse said, "it was clear from the investigation that Hackshaw performed consultancy work and was paid for it and the monies which flowed from such an arrangement should not be considered criminal funds and will not fall within the Proceeds of Crime Act."
Responding to this matter, Hackshaw told Guardian Media, "The company does risk consultancy and security and so on, but that is far and few between."
SIZEABLE DEPOSITS
Under the heading of Nurse's report "Analysis of Evidence," he notes that there were "sizeable deposits" made to Hackshaw's accounts and the police had obtained production orders to scour these accounts. The police even checked to see if the bank had raised any red flags, but they never did. "Attempts were made to ascertain whether the banks required the depositor to explain the source of funds but there seemed to have been no such requirement for any of the deposits. This being so, left one to come to the conclusion the deposits were above board and therefore raised no legal issues."
The issue of remittance of taxes to the Board of Inland Revenue by Hackshaw was also explored by Nurse, who said he had sent the relevant correspondence to the state entity. Hackshaw later provided statements indicating his taxes were filed up to 2018.
NO CRIMINAL OFFENCE
Nurse concluded: "We have found no evidence to suggest that Mr Hackshaw might be culpable on the issue or receiving and soliciting donations to host police events. On the issue as to whether he received permission to perform private jobs, we have found that he did in fact receive permission to do so.
"In my respectful submission at this time, there is no evidence to suggest liability on the part of Mr Hackshaw for any criminal offence." He said the file would be submitted to the TTPS's legal unit for advice.
NURSE'S RECOMMENDATIONS
Nurse recommended the following:
That the police service must move speedily to develop a policy as to how it sponsors items on its annual calendar of events. By this, I mean it must be determined whether it would sponsor them fully or whether the input of corporate T&T will be sought.
In the case where the input of corporate T&T and or private citizen will be sought, a policy must be developed in this area as to how the service will solicit and receive contributions.
In determining such policies, the T&T Police Service ought to bear in mind that it must be an independent institution as it relates to the discharge of its roles and functions and that nothing should be done to compromise such independence whatever.
GRIFFITH ON HACKSHAW INVESTIGATION
Griffith told a media briefing last Thursday that a police officer possessing large financial assets does not criminalise the officer. He explained that it's the possession of such wealth without a valid reason that does. "We only work on evidence. I find it interesting when persons automatically label a police officer because that person may have two million dollars in their account," Griffith said while explaining that an officer could be wealthy such as through inheritance or selling of appreciating assets such as land.
However, Griffith explained that the TTPS can always reopen the investigation once new information comes to light–as it has done with other cases.