Acting Chief Justice Roxane George-Wiltshire SC, has tentatively set May 24 as the date for ruling on a challenge to the promotion of police officers who have disciplinary matters pending against them.
When the case was called yesterday morning, the Chief Justice indicated that there was nothing she needed clarified at that point and went straight into setting timelines for the parties to exchange submissions and any necessary responses.
She then set May 24 for possible ruling.
Early in January, Calvin 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 practice of the Police Service Commission (PSC) prohibiting the promotion of ranks who have pending disciplinary matters.
A number of other affected police officers have since filed similar applications and have been added as interested parties to the proceedings.
When the matter was called on January 13, Attorney General (AG) Anil Nandlall SC had said he was in talks with Chairman of the PSC, Paul Slowe, and that the PSC had expressed its willingness to participate in engagements aimed at amicably resolving the matter.
At the time the AG had said he anticipated no objections from the Commission regarding a settlement.
At a February 5 hearing, which had been set for reports on the progress of those engagements, however, Deputy Solicitor General Deborah Kumar, on behalf of the AG, reported to the court that talks had fallen apart.
She had said that despite “strenuous efforts” and meetings aimed at resolving the issue, the engagements bore no fruit, thus requiring the case to proceed to trial.
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 31st, last, after the chief justice granted an order blocking the ascent of several senior members within the force to the rank of Assistant Commissioner of Police.
That order remains in effect until the matter is determined.
Brutus’ contention is that the decision to promote other ranks with disciplinary complaints whilst denying his promotion is “unfair, irrational, arbitrary and unreasonable.”
He has said 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.
