Attorney General Anil Nandlall SC says that his Chambers is currently in talks with Chairman of the Police Service Commission (PSC), Paul Slowe in a bid to arrive at an amicable solution regarding the promotion of police officers who have pending disciplinary matters.
Nandlall was at the time reporting to acting Chief Justice Roxane George-Wiltshire SC who is presiding over a challenge mounted by Senior Superintendent of Police Calvin Brutus.
Brutus moved to the High Court to block the promotion of several senior ranks, who were listed for promotions ahead of him despite disciplinary matters pending against them.
He is asking the court to overrule the PSC’s practice of prohibiting the promotion of ranks who have pending disciplinary matters.
A number of other affected police officers have since filed similar applications and were yesterday added by the chief justice as interested parties to the proceedings.
During yesterday’s virtual hearing, the Attorney General (AG) said that he has been in contact with Slowe who is currently in Bangladesh performing duties with Cricket West Indies and that the Commission has expressed its willingness to participate in the engagements aimed at arriving at an amicable resolution of the matter.
The AG said that his next Zoom meeting with Slowe is scheduled for Friday morning when he will present the case of the other police officers who have now joined the matter, but said that he anticipates no objections from the Commission regarding the newly added parties and arriving at a settlement also.
With the matter now seemingly in the course of settlement, the chief justice adjourned the proceedings to February 5th for further reports from the AG following his meeting with Slowe.
The annual promotion of ranks within the Guyana Police Force (GPF) which is usually done on the last day of the year was put on hold on December 31, 2020 after Justice George-Wiltshire granted an order blocking the ascent of several senior members within the force to the rank of Assistant Commissioner of Police.
Brutus’ contention is that the decision to promote other ranks with disciplinary complaints whilst denying his promotion is “unfair, irrational, arbitrary and unreasonable.”
Nandlall who is representing both the Commissioner of Police and the PSC, had previously expressed his hope that the matter would be resolved without litigation.
“…..It cannot be healthy for both the police force and the PSC for there to be such open ventilation, public ventilation of whatever is lingering or sitting between the parties,” he had said.
In his application to the court, Brutus is asking the court to make a declaration that the policy of the PSC not to promote or consider for promotion ranks with pending disciplinary matters before it is unlawful; a declaration that he is entitled to be promoted to the office of Assistant Commissioner of Police and an order cancelling the decision of the PSC denying his appointment to the office of Assistant Commissioner of Police
He also requested an order cancelling the decision of the PSC to promote Edmond Cooper, Philip Azore and Kurleigh Simon, Senior Superintendents of Police, to the office of Assistant Commissioner of Police and to compel the PSC to reconsider its decision not to promote him to Assistant Commissioner of Police.
He stated that a number of the ranks who are down to be promoted also have disciplinary matters before them dating as far back as 2016. His matter is dated 2019. Brutus was appointed to the rank of Senior Superintendent of Police in 2015.
In October, 2019 it was alleged by the Deputy Commissioner – Administration that Brutus committed a breach of discipline.
As a result, the PSC had appointed Assistant Commissioner Andries-Junor to investigate the allegation.
A breach of discipline notice was not served upon the Applicant until October, 2020. Brutus is arguing that the investigation has not progressed since then.
In keeping with its practice the Commission failed to consider and/or denied the Applicant promotion to the office of Assistant Commissioner of Police relying on the said allegation of indiscipline.
