By Zoisa Fraser
Following his reinstatement after a wrongful dismissal almost 10 years ago, Police Superintendent Simon McBean reported for duty yesterday at Police Headquarters, Eve Leary.
“I’m elated. I’m happy to be back and I am happy that I have been given the opportunity to serve the people of Guyana and the Guyana Police Force in this capacity and… I will just continue to serve to the best of my ability,” McBean told Stabroek News in an exclusive interview.
McBean, who was reinstated by the Police Service Commission (PSC) on Thursday, was yesterday awaiting word from the force’s administration regarding his new duties.
His reinstatement was the result of discussions between his attorney, Patrice Henry, and the Attorney General’s Chambers after the Court of Appeal ruled in McBean’s favour in a suit in which he challenged his dismissal.
Speaking from Eve Leary, he told Stabroek News that he reported to force headquarters and that it was for the force’s administration to decide what would happen next. He said he hadn’t been given any information as it pertained to his duties and was awaiting a meeting with Police Commissioner Leslie James.
Stabroek News was told that James returned from official duties abroad late yesterday.
Asked if there is a particular police division where he would like to be posted, McBean responded in the negative. “No, that’s up to the police force administration. Whatever they decide… I am up for it,” he added.
At the time of his dismissal, McBean was attached to the Central Police Station, in New Amsterdam, and was the Divisional Operations Officer.
It is expected that he will soon be put up for promotion given that he had already amassed 17 years experience in the force at the time of his dismissal and nine years have passed since then.
He told this newspaper that he wasn’t told anything about a possible promotion and once again noted that such a decision will be up the force’s administration and the PSC.
“Yes, I would have lost being a member of the police force but I have gained outside of that… I still kept myself abreast. I worked in the security industry, law enforcement industry. So, I have broadened my horizon as it relates to law enforcement. The experience I gained where I was, it’s invaluable,” he said before revealing that he was residing in Canada, where he was active in law enforcement, both privately and at the government level.
McBean, who described life after his dismissal as a “different journey,” noted that when he compared law enforcement in the two countries, Guyana, although progressing, still has strides to make.
The then 35-year-old father of one had received marching orders in 2009, almost a year after he had already returned to Guyana from studies abroad and resumed duties. It was alleged that he made an unauthorised decision to proceed on “no pay leave” to further his studies.
Having secured a scholarship from a field of 250 applicants to pursue a Masters Degree in Global Security at the University of Leicester in the United Kingdom (UK), McBean said he applied for study leave to cover the academic year between October 1st, 2007 and September 30th, 2008.
In April last year, the Court of Appeal unanimously overturned an earlier decision made by the High Court. The State, the respondent in the case, had opted not to appeal the ruling.
In court documents filed to challenge his dismissal, McBean had said he got no response from the PSC regarding his request for leave. According to him, he thereafter made an application for no-pay leave, but again received no response.
As a result, McBean said he applied for and was granted his three-month accumulated annual leave, upon which he proceeded before thereafter travelling to London to pursue his studies.
The dismissed officer had said that while abroad he was diagnosed with post-traumatic stress disorder and was advised by the doctor to “stay on and finish the degree since it would help to improve my condition.”McBean returned to Guyana on September 14th, 2008, after completing his studies and resumed normal duties until he received a dismissal letter on September 4th, 2009, informing him that his services had been terminated as of Christmas Day of 2007—the day after his three-month annual leave ended.
An aggrieved McBean, who thereafter took the PSC to court for wrongful dismissal, argued that while it claimed that he was being dismissed for breach of regulation, it never said what regulation was breached.
Appellate judges Rishi Persaud, Arif Bulkan and Rafiq Khan unanimously agreed that it was undisputed that McBean had no hearing, notwithstanding the procedures laid out in the PSC Rules and the Police Disciplinary Act. The Court allowed the appeal and remitted the matter to the High Court for assessment on quantum of damages and superannuation benefits, which would have accrued, having declared that he had been wrongfully dismissed.
PSC Chairman Paul Slowe told this newspaper on Thursday that the reinstatement took effect from the day that he was dismissed and therefore McBean was entitled to all his benefits from then until now.
