Opposition Leader Aubrey Norton, retired Assistant Commissioner of Police Paul Slowe and APNU+AFC MP Christopher Jones have written to the Chief Justice asking for urgent hearings regarding their respective matters on the appointment of the Chairman of the Police Service Commission (PSC)—an injunction to halt any promotion of members of the Guyana Police Force (GPF) by the new PSC—and President Irfaan Ali’s appointment of Clifton Hicken as the acting Commissioner of Police.
Norton and Slowe in particular have expressed concern with recent promotions of members of the GPF by the new PSC.
Through attorney Selwyn Pieters, one of the battery of attorneys representing the litigants in their various actions, they have argued that with existing matters currently before the courts and yet to be decided on, there should have been no promotions.
Slowe has applied to High Court Judge, Justice Gino Persaud for an injunction to halt any promotion of members of the Guyana Police Force (GPF) by the new Police Service Commission (PSC).
They have expressed concern that their actions complained of “are an end run around the various legal matters before the Supreme Court of Judicature and that the actions taken by the Police Service Commission and Mr. Hicken may render nugatory any future orders granted by the Courts in respect to the above.”
“We are requesting an urgent omnibus hearing of these applications so that the appropriate orders may be made to ensure the applicants’ rights, interests and remedies are not prejudiced,” they say in their letter to acting Chief Justice Roxane George SC.
Last week Norton among other things filed an action challenging the appointment of Patrick Findlay as chair of the PSC and is arguing that the appointment is “illegal, null, void and of no legal effect” and wants the Court to so declare.
His main contention is that President Irfaan Ali did not “meaningfully consult” him before making the appointments as is required by law.
Norton wants the Court to declare what he calls the President’s “termination of the consultation process,” as being “arbitrary, unreasonable and unconstitutional.”
Pending the hearing and determination of his application, the Opposition Leader also wants an order “staying any process of meaningful consultation.”
Early last month, Norton had said that he would be approaching the Court, to seek an interpretation of the term “meaningful consultation,” even as he then challenged President Ali’s appointment of the PSC.
Meanwhile, Slowe had applied to High Court Judge, Justice Gino Persaud for an injunction to halt any promotion of members of the Force by the new PSC.
He has particularly contended that no promotion could be allowed to proceed in light of his previous challenge which is still pending before the High Court, to last year’s suspension by the President, of the PSC.
In the circumstances, Slowe is seeking an injunction restraining the Commission, the Prime Minister and the Attorney General who are listed as Respondents, from promoting or publishing a promotions list for members of the GPF, until the matter he previously filed has been fully dispensed with.
Promotions have since occurred.
Slowe is arguing that with his initial action yet to be determined by Justice Persaud, an injunction is necessary at this stage for preserving the status quo of the proceedings as well as that of the Guyana Police Force.
He had advanced that if an injunction is not granted and the new Police Service Commission is allowed to promote members of the Force, there will be “inevitable difficulty” when the promotions from the previous list are effected in consideration for promotion to a higher rank.
He has said, too, that there will be inevitable difficulty regarding such promotions which would be “backdated,” and will cause future problems as to who will be entitled to be Commanders and even the Commissioner of Police.
Following the announcement of Hicken’s appointment, the People’s National Congress Reform (PNCR) had warned that it will be moving to the courts over what it said was the “illegal” appointment of Hicken.
The PNCR reminded the Government of the Public Service Rule which states that acting appointments must be given to the most senior officer. “Based on the current structure and line of statutory succession, Deputy Police Commissioner Paul Williams remains the next in line. Mr Clifton Hicken is an Assistant Commissioner and therefore, is junior in rank to Mr Williams,” the party said.
In May, APNU+AFC Chief Whip Christopher Jones moved to court to challenge the appointment of Clifton Hicken as acting Commissioner of Police. In a Fixed Date Application, Jones contends that the invocation of the Doctrine of Necessity for the appointment is unreasonable and ultra vires. He also contends that the appointment violates Article 211(1) and 211(2) of the Constitution.
After already appointing Hicken as the acting Commissioner of Police citing the doctrine of necessity, President Ali late last week moved to invite Norton to make written submissions on the appointment.
In a letter dated June 29, 2022, Minister of Parliamentary Affairs and Governance Gail Teixeira informed Norton that Nigel Hoppie, who was performing the functions of Commissioner of Police, proceeded on pre-retirement leave on March 30, 2022. She added that since there was no active Police Service Commission and Leader of the Opposition at the time, a decision had to be taken by the President.
Through Forde, Norton in a letter on Monday said he is seeking answers from Ali about the constitutional basis for his appointment of Hicken as the acting Police Commissioner.
