After receiving additional clarifications yesterday, Chief Justice (ag) Roxane George-Wiltshire SC has set June 28th for ruling in the case filed by Senior Superintendent of Police Calvin Brutus, who is challenging the promotion of police officers who have disciplinary matters pending against them
Referencing what he described to be a leaked document containing the names of persons comprising a final list of officers to be promoted by the Police Service Commission (PSC), attorney CV Satram, who represents Brutus, made an application to include that as new evidence.
After questioning the authenticity of the list, Justice George-Wiltshire, however, rejected Satram’s application.
The lawyer said that that the list had come to their attention after the previous hearing.
Deputy Solicitor General Deborah Kumar, on behalf of the Attorney General’s Chambers, which represents the PSC, argued, however, that in the absence of a decision having been made by the Commission, the list to which Satram referred could not be acted upon.
Kumar said that at best the document cited by Satram could only have been for consideration and could not be considered as having been final.
A decision, she said, would have culminated in an “official list” of those selected.
“We contend that no such decision was ever made,” Kumar said.
Attorney Dexter Todd, who represents a number of other affected police officers who were added as interested parties to the proceedings, shared the sentiments expressed by the state, to say that the list could not be regarded as final.
Like Kumar, Todd explained that he could not say with certainty that the list in Satram’s possession constituted a final decision of the persons selected for promotion, while stating that it would be a hard-pressed task to establish that it was “that list which would have been used.”
The judge would later deny the application sought by Satram.
After quizzing Satram on various aspects of his client’s application, the chief justice adjourned the matter for ruling on June 28th.
Though the life of the Commission expires in August, President Irfaan Ali has suspended all five of its members with immediate effect pending an investigation.
Letters were dispatched to the members on Wednesday afternoon informing them of the decision.
Those suspended are the Chairman, former Assistant Commissioner of Police Paul Slowe, retired Assistant Commissioner of Police Clinton Conway, Claire Jarvis, Michael Somersall and Vesta Adams.
In the letter addressed to Conway, Ali noted that the decision was taken based on advice given by Prime Minister, Mark Phillips.
Both Slowe and Conway were on the Zoom call for the virtual court hearing yesterday.
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.
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.
