Contending that President Irfaan Ali acted unconstitutionally in their suspension, the Police Service Commission (PSC) Chair-man Paul Slowe and other commissioners yesterday proceeded to announce the promotion of 132 ranks.
The announcement followed a court ruling that dismissed a challenge to the promotions.
In response to the announcement, the PPP/C-led government yesterday rejected the promotions, calling them “unlawful and illegal.”
By way of a letter, attorney Selwyn Pieters, who is representing Slowe and commissioners Clinton Conway, Claire Jarvis, Michael Somersall and Vesta Adams, notified President Ali that his purported suspension of them was ultra vires Article 225 of the Constitution, since a tribunal to probe their removal had not yet been established and he had not been properly advised to act by the legally defined “prescribed authority.”
On the tribunal, Pieters pointed out that with no Judicial Service Commis-sion in place, there is no avenue to set up a tribunal, which is required by law to iron out the issues with the PSC.
“The Police Service Commission will therefore continue to perform its constitutional mandate in respect to discipline and promotion of Guyana Police Force officers from Inspectors to Assistant Commissioners,” he said in his letter, which was seen by this newspaper.
The attorney further argued that although the President can suspend the commissioners via his executive powers, he can only do so on the “advice of the prescribed authority.” “It is clear from the provisions that Your Excellency’s purported suspension of the Chair-man and other members of the Commission is contrary to the Constitution in two respects: first, because the question of removal from office has not yet “been referred to a tribunal”; and second, because, for all members other than the chairman, you have not acted “in accordance with the advice of the prescribed authority” with respect to the suspensions,” Pieters stated.
Article 225(6) states, “If the question of removing the officer from office has been referred to a tribunal under this article, the President, acting in accordance with the advice of the prescribed authority, may suspend the officer from performing the functions of his office, and any such suspension may at any time be revoked by the President, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the President that the officer should not be removed from office.”
As a result, the attorney called the suspensions premature.
Meanwhile, following the ruling by Chief Justice Roxane George yesterday throwing out a challenge by Senior Superintendent of Police Calvin Brutus to the intended promotions, (see other story on page 13) the PSC released the list of promotions.
The promotions list is headed by six Senior Superintendents, who have each been promoted to Assistant Commissioner of Police. They are: Ravindradat Budhram, Errol Watts, Crime Chief Wendell Blanhum, Edmond Cooper, Philip Azore and Kurleigh Simon.
Brutus had also asked that the court quash the promotion of Cooper, Azore and Simon, all Senior Superintendents of Police who were yesterday promoted to the office of Assistant Commissioner of Police. In his application to the court, Brutus had asked for 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 Com-missioner of Police; and an order cancelling the decision of the PSC denying his appointment to the office of Assistant Com-missioner of Police. It was alleged by the Deputy Commissioner of Adminis-tration that Brutus committed a breach of discipline in 2019.
At a press briefing yesterday, Slowe said the dismissal of the court challenge paved the way for the announcement of the promotions. The list of officers promoted, he said, was sent to acting Commis-sioner of Police Nigel Hoppie.
Countermanding
However, Attorney General Anil Nandlall, in a statement on behalf of government, accused the PSC of countermanding, disobeying and disregarding the President’s decision, which he said “not only amounts to an effrontery to the highest executive office in this land, but is simply absurd.”
The statement advanced that the ruling by the Chief Justice does not give legitimacy to the purported list of promotions issued by the PSC or any such list.
“In fact, one of the grounds that the Police Service Commission proffered in opposition to the case brought by Mr. Brutus is that ‘the Commission has not made a final decision regarding promotions.’ In the circumstances, this purported list of promotions of members of the Guyana Police Force will be ignored,” the statement added.
During the brief press engagement yesterday, Pieters said the members of the commission have acted judicially and performed the functions which come with their office and have no reason to seek the court’s attention. Pieters was responding to a question posed by Stabroek News as to what happens if President Ali holds firm to his actions.
“They have made the promotions that they did and their job in that respect is finished. If the President wants to challenge… it’s [his] prerogative to refer the matter to the court for determination. The members of the commission are confident that should you do so, any court will arrive at the inevitable conclusion that Article 225 does not enable you to suspend members in that manner you have purported to do,” he said.
He went on to state that the commissioners have a strong legal basis to proceed should they have to defend themselves in court.
“The commission has made the promotions in accordance of the decision of the court today and no one can go back on that. Their work is done,” Pieters added.
On June 17, Ali suspended all five members of the PSC with immediate effect pending an investigation. The president informed the PSC members that a tribunal will be established to conduct an investigation.
In the letter addressed to Conway, Ali noted that the decision was taken based on advice given by Prime Minister Mark Phillips.
“In the circumstances, you are hereby suspended with immediate effect from performing the functions of Member of the Police Service Commission pending the establishment of the aforementioned tribunal,” the letter said.
