Dissatisfied with the ruling paving the way for a full hearing of the challenge which had been filed by the Police Service Commission (PSC) to the suspension of its Commissioners and the non-promotion of ranks, the Attorney General (AG) has filed an appeal to the Full Court.
In his appeal seeking to set aside/reverse Justice Gino Persaud’s ruling, AG Anil Nandlall SC is contending among other things that the judge misinterpreted, and misapplied “the important” doctrine of public interest litigation, to such an extent that it resulted in a “grave” miscarriage of justice.
To the other aspect of Justice Persaud’s ruling which found the former Chairman of the Commission as having sufficient standing in the case, to substitute as applicant for the now-expired body, Nandlall contends that the judge also misdirected himself.
He describes the ruling as “misconceived, and erroneous in law,” and a violation of separation of powers; arguing that it undermines the independence and functional autonomy of the PSC as guaranteed by the Constitution.
“The decision of the learned hearing judge is unlawful, unconstitutional, and is not supported by established legal principles and doctrines,” the AG says; while adding that it potentially permits former Chairman Paul Slowe, “to usurp, interfere with, compromise, undermine, and assume the functions” of the Commission, in breach of the Constitution.
Nandlall has also given notice of his intention to file a Notice of Application seeking to stay the Fixed Date Application (FDA) filed by the PSC.
On Wednesday Justice Persaud ruled that the now-expired Commission’s FDA challenging the suspension of its Commis-sioners by President Irfaan Ali and the non-promotion of ranks can proceed, and that its former Chairman, retired Assistant Commis-sioner of Police, Slowe, having sufficient locus standi, can stand in its stead.
The FDA had predated the August 8th, 2021 expiration of the Commission.
Nandlall’s position has been that because the Com-mission has since been expired, the challenge ought to have been struck out.
Attorney Dexter Smartt for the Commission has argued, however, that notwithstanding its expiration, the application could still be heard, especially because it raises important constitutional matters of public interest which need final determination.
He had impressed upon the Court, too, to be reminded that the challenge had been mounted before the life of the Commission ended.
Ruling in favour of the Commission, Justice Persaud found among other reasons, that the issues raised in the case are matters of public interest, and thus that the substantive issue of the legality of the suspension of the commissioners should be heard and determined on its merits.
He then went on to rule that Slowe, who swore to the affidavit supporting the FDA has sufficient interest and standing to continue the proceedings as a substitute applicant in place of the Commission.
In its Fixed Date Application, the PSC is seeking a number of declarations—among them— for the Commission’s Secretary to be directed to prepare formal letters to the ranks named on the official list of promotions compiled and signed by the Commission on June 28th, 2021 informing those ranks of the Commission’s decision to promote them and for the Court to nullify President Ali’s suspension of the Chairman and members of the Commission.
Back in September of last year, Slowe wrote Police Commissioner Nigel Hoppie directing that he honour the promotions list published by the constitutional body on June 28th, of last year or risk legal action.
Hoppie had acknowledged receipt of Slowe’s ultimatum but there was no compliance.
The promotions list was made public just one hour after Chief Justice (ag) Roxane George had dismissed a challenge which had delayed the promotions for more than six months.
Days before the Chief Justice (CJ) handed down her ruling, however, President Ali by letters dated 15th, June, 2021 issued orders purporting to suspend the five-member Commission which included Slowe, retired Assistant Commissioner of Police Clinton Conway, Claire Jarvis, Michael Somersall and Vesta Adams.
Stemming from the CJ’s June 28th ruling, however, Slowe called on the Top Cop to effect the promotions.
In his letter, Slowe upbraided Hoppie for failing to prepare the promotion order so that the promoted ranks and other members of the Force could be informed of the promotions.
The PSC is yet to be reconstituted.
