With the promotion of members of the Guyana Police Force (GPF) by the new Police Service Commission (PSC) having taken place in spite of his efforts to prevent any such move, retired Assistant Commissioner of Police and immediate former Chairman of the Commission Paul Slowe has had to withdraw his application for an injunction.
Through his attorneys, he has, however, requested a “stay of the effect of those promotions.”
When the matter came up yesterday afternoon before Justice Gino Persaud, attorney Selwyn Pieters in response to enquiries from the Judge, was keen on pointing out that his client’s injunction application had been filed and served on government and the new Commission way before the promotions, yet they were made.
Nonetheless, he said that with his Client’s application having now been overtaken by events, he will withdraw the request for the injunction.
Peters, however, asked the Judge to stay the effect of the promotions until he makes his ruling on the fixed date application (FDA) brought by Slowe and the former Commission challenging the suspension of its Commissioners and non-promotion of ranks by the President last year.
The promotions Slowe wanted the injunction on were made by the new PSC on July 2, 2022. Slowe had filed his application for the injunctive relief days before — on June 28 — seeking to halt promotions by the new PSC.
Pieters’ hint at the new application attracted dismay from Attorney General (AG) Anil Nandlall SC, who sought to enquire what it was exactly that Slowe would now be seeking to stay, especially since the latest promotions have already been gazetted.
“You can’t stop the thing [promotions] from happening. It has already happened. And if you can’t stop it from happening, then you can’t stop the effect of it,” an impassioned Nandlall submitted.
Nonetheless, Pieters has been granted permission to file the fresh application he seeks.
With matters which touch and concern the very promotions currently before the Chief Justice and on which she is set to rule, however, Justice Persaud has said that he will first await that ruling before moving forward with any further conduct of the matter before him.
Acting Chief Justice Roxane George SC has tentatively set August 11 to rule on whether acting Commissioner of Police Clifton Hicken has been lawfully appointed by the President.
Both Pieters and Nandlall have pointed out that that ruling will likely have implications on aspects of the case before Justice Persaud, and have agreed that its outcome should be awaited.
With the former PSC who was the lone applicant in the FDA—before Slowe was added—and still is listed an applicant, Darshan Ramdhani QC, who represents the new PSC, has made an application to Justice Persaud for permission to withdraw and discontinue the proceedings.
In light of the impending judgment, which the Chief Justice is set to deliver, however, Justice Persaud has said that all aspects of the matter before him will be stayed until after that ruling is rendered.
In the circumstances, Justice Persaud has adjourned the matter until Wednesday, August 24, for reports and directions on the way forward.
Just a week ago when the matter was called to address Slowe’s injunction application and the way forward with hearing the substantive FDA, Justice Persaud stayed his hands on proceeding, since the Full Court was set to rule on an application which also at the time touched and concerned the matter before him.
The challenge before the Full Court was the AG’s application for leave to appeal a former decision of the very Full Court, which had ruled that Justice Persaud could proceed to hear the substantive challenge brought by Slowe and the former PSC.
The Full Court denied the State’s leave-application, which cleared the way for Justice Persaud to move forward.
The dozens of promotions made on July 2 were the latest move in an epic battle between government and the former PSC over police appointments.
Slowe’s contention has been that no promotion could be allowed in light of the challenge pending before Justice Persaud to last year’s suspension by President Irfaan Ali of the PSC.
It was in those circumstances that Slowe was seeking the injunction restraining the new 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 FDA has been fully dispensed with.
The FDA seeks 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 28, 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 then acting Police Commissioner Nigel Hoppie directing that he honour the promotions list published by the constitutional body on June 28 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 the Chief Justice had dismissed a challenge which had delayed the promotions for more than six months.
Days before the CJ handed down her ruling, however, President Ali, by letters dated 15, 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 28, 2021 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.
