The ruling in the case challenging the promotion of police officers who have disciplinary matters pending against them, has been given a new tentative date—June 18th.
Acting Chief Justice Roxane George-Wiltshire SC, had previously set yesterday to tentatively deliver her judgement.
Owing to the late filing of submissions by attorney CV Satram who represents the Applicant—Calvin Brutus—the Court was, however, unable to proceed in that regard and had to instead facilitate new timelines.
When asked the reason for his non-compliance with the previously set timeline, Satram told the judge that on the same day he should have been filing his submissions, he was contacted by the two superior courts to also making filings in other matters.
He said that he needed to lay over submissions in other matters which he has before both the Court of Appeal and the Caribbean Court of Justice (CCJ).
The lawyer then added that he had underestimated the depth of research required to complete and bring his submissions to a point of readiness for filing.
The Chief Justice upbraided counsel for his tardiness, reminding that in accordance with the Civil Procedure Rules (CPR), parties must strive to honour the timelines set by the court, as it seeks to expeditiously dispense with matters.
The judge told an apologetic Satram, also, that the volume of work to be invested in preparing for one’s case is no excuse, as the preparation should be done ahead of the date due for the filing of submissions.
Justice George-Wiltshire had signalled her intention to impose costs against the errant attorney, but eventually said she would refrain, but only because the other parties agreed to allow him a reprieve.
The Attorney General has now been given seven days—no later than May 31st—to respond to Satram’s submissions, and thereafter file and serve its submissions.
The matter is then returnable to court for June 18th which the judge has set for clarifications/decisions.
Early in January, 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.
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 year, 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.
