Justice Gino Persaud will rule on March 24th on the legal challenge brought by the former Police Service Commission (PSC) over the suspension of its Commissioners.
In the action before Justice Persaud, Paul Slowe and the members of the previous PSC who were suspended by President Irfaan Ali in 2021 are 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 Chair-man and members of the Commission.
Justice Persaud heard arguments from the parties yesterday and said that he would rule on the matter on March 24th, 2023.
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.
Back in September, there were contentions over whether appeals should first be determined on the Chief Justice’s ruling invalidating the composition of the new PSC. Those contentions snared progress in the substantive action filed before Justice Persaud challenging the suspension of the previous members of the body.
At that hearing, Attorney General Anil Nandlall SC, for the state, and Darshan Ramdhani KC, who represents the current PSC, made applications for a stay; with Ramdhani further making an application for the substantive action brought by the former Commission to be thrown out, since the new body signalled no interest in pursuing such a challenge.
Nandlall’s position was that in light of the Chief Justice’s ruling 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.
Ruling on December 2, 2022 that no stay would be granted, or additional time for appeals to first be heard on interlocutory issues, Justice Persaud cleared the way for the substantive action challenging the suspension of the previous Police Service Commission to move forward.
Justice Persaud in his ruling noted that the application for a stay was premised on the pending appeal in the separate case challenging the CJ’s ruling invalidating the composition of the PSC.
Noting that there is no stay on that ruling, and also that there can be no stay of a declaratory order, Justice Persaud said he was not going to stay the proceedings before him pending the appeal of the CJ’s ruling, as he said it would leave the proceedings before him in limbo; as that appeal would take time to be heard and determined, with no indication of how long that would take.
Further, he said that that appeal in no way impacts upon, or precludes Slowe’s right to have the lawfulness of the suspension adjudicated; while adding that it was also an “access to justice issue” for Slowe.
“How long should he wait as a litigant who is entitled to access to justice, to have the legality of his suspension ruled upon, while the Respondents file interlocutory applications, upon interlocutory applications delaying the substantive issue,” Justice Persaud asked.
Back in September of 2021, 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 (ag) Roxane George SC 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 order so that the promoted ranks and other members of the Force could be informed of the promotions.
