FIREARMS dealers Brent Thomas and Hugh Leong Poi have won their legal battles against the Financial Intelligence Unit (FIU) over unauthorized financial information obtained in 2022. The court ruled that the FIU director cannot use any financial data received on the dealers and their companies. The FIU, responsible for anti-money laundering, must now adhere to certain regulations as per the recent court order.
Following the FIU’s request for financial information from various institutions on individuals associated with the legal firearms business, including Thomas and Leong Poi, the two challenged the constitutionality of the move. Their separate claims led to the declaration that certain sections of the FIU Act and related regulations were deemed unconstitutional.
Justice Marissa Robertson’s ruling on July 26 cited specific sections of the FIU Act, Proceeds of Crime Act, and Anti-terrorism Act as unconstitutional. The request made by the FIU director without a suspicious transaction report (STR) or activity report (SAR) was also considered unconstitutional, leading to the quashing of the request.
Robertson further granted an injunction preventing the FIU director from using any received information on the two dealers, emphasizing the importance of protecting individual rights. The FIU’s actions were deemed an abuse of power, with a lack of due process and oversight cited in the ruling.
In a similar case in September 2023, Justice Devindra Rampersad also found the FIU’s actions unconstitutional in trying to access private banking information of former police commissioner Gary Griffith and his wife, Nicole Dyer-Griffith. The courts have upheld the importance of due process and proper legal procedures in handling sensitive financial information.
The legal battles fought by Thomas and Leong Poi highlight the significance of protecting individual rights and ensuring proper oversight in regulatory activities. The court’s decisions underscore the need for adherence to laws and regulations to prevent potential abuses of power.
