Contentions over whether appeals should first be determined on the Chief Justice’s ruling invalidating the composition of the new Police Service Commission (PSC) have snared progress in the action challenging the suspension of the previous members of the body.
When the matter came up before Justice Gino Persaud yesterday afternoon for reports, Attorney General Anil Nandlall SC and attorney Arudranauth Gossai on behalf of Darshan Ramdhani KC, who represents the PSC, made applications for a stay.
Nandall told Justice Persaud that in light of the Chief Justice’s ruling now being the subject of appeals, the substantive case of the suspension of the members of the former PSC should await the determination of those appeals before moving any further.
Owing to a number of interlocutory applications with which the Court had to first dispense, the substantive case has been in limbo since it was filed a year ago. And because a number of other cases with issues which touched and concerned the matter were set for ruling, Justice Persaud has repeatedly had to defer moving ahead.
In her judgment last month, acting Chief Justice Roxane George SC saved the police promotions made by the PSC, but ruled that it (the Commission) had been unlawfully constituted.
About two weeks earlier, she also delivered a ruling affirming the appointment of Clifton Hicken as acting Commissioner of Police, which also touched and concerned the action before Justice Persaud.
Speaking of appeals already filed and still to be filed, both Nandlall and Gossai asked Justice Persaud to continue staying his hand on moving forward with the matter.
This application was, however, met with vigorous objection from attorney Dexter Todd, who represents retired Assistant Commissioner of Police and immediate former Chairman of the previous PSC Paul Slowe, who along with the members of that Commission, is challenging the suspension.
Responding to an enquiry from Justice Persaud, Todd said that contrary to Nandlall and Gossai’s contention, his client’s case should be allowed to proceed and not protracted any further than it already has.
He said that aside from the issues of the composition of the PSC which the Chief Justice invalidated and the police promotions, which she affirmed, the core issue before Justice Persaud remains the suspension by the President of Slowe and the previous PSC.
This issue, he said, with all the initial legal hurdles having now been determined, should be allowed to proceed.
Referring to Ramdhani’s existing application for the PSC he represents to be removed from the action and to strike his client’s claim, Todd said he fails to see why Gossai was even requesting a stay when they have demonstrated wanting no part in the matter.
Todd stressed that the matter which falls for consideration before Justice Persaud is whether, procedurally and legally, the President was acting within his powers when he suspended the members of the former Commission and he argued that his client and those affected members, have a right to challenge their suspension.
In his objection to the stay, Todd told Justice Persaud when asked that the Court should proceed with his client’s action.
The Judge has ordered the lawyers to file submissions and has set November 11 for hearing of the stay application.
Background
In the action before Justice Persaud, Slowe, who along with the members of the previous PSC were suspended by President Ali last year, is challenging that decision and seeking a number of declarations, including that the Commission’s Secretary 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.
They also want the Court to nullify President Ali’s suspension of the Chairman and members of the Commission.
Back in September of last year, Slowe wrote to then acting 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 George had dismissed a challenge, which had delayed the promotions for more than six months.
Days before the Chief Justice 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 Chief Justice’s June 28th, 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.
