Police Service Commission in talks to settle promotions case out of court

Jan 13, 2021 News

Assistant Police Commissioner (ret’d), Paul Slowe.

Kaieteur News – The Police Service Commission (PSC) is in talks to settle the court cases over unfair practices in senior cop promotions. Attorney General (AG) and Minister of Legal Affairs Anil Nandlall S.C informed the High Court yesterday that he has engaged Chairman of the PSC, Assistant Police Commissioner (ret’d), Paul Slowe in discussions towards reaching a resolution outside the judicial process.

Attorney General Anil Nandlall S.C.

Nandlall told Chief Justice (Ag) Roxane George-Wiltshire that a meeting is scheduled for Friday with the PSC Chair, who is currently in Bangladesh. The AG explained that the Chair is expected to join him and the aggrieved and affected parties for a virtual meeting towards finding a solution.The AG noted that “The Commission expressed a willingness to participate in the engagement and the second meeting with all parties will be on Friday.”As a result, the Court adjourned the proceedings to allow for the meeting. The next court hearing is set for February 5, 2021. Chief Justice George-Wiltshire had put a temporary hold on all senior cops’ promotions in the Guyana Police Force (GPF) until the determination of the matter which was filed to challenge the Police Service Commission (PSC)’s procedure for promotion of senior ranks.The temporary order followed a request by Senior Superintendent of Police, Calvin Brutus, who had moved to the High Court in a bid to block promotions for senior members of the Guyana Police Force (GPF) until the decision not to promote him is recanted.Brutus’s case is among a series of lawsuits filed in the High Court by police officers to block the promotions. At least four more lawsuits were filed against the PSC in the case which affects a total of twenty-six senior officers of the GPF.
In the Fixed Date Application (FDA), Brutus describes the PSC’s practice for considering its annual year-end promotion list as irrational and unlawful.
According to FDA filed by his attorney C.V. Satram, Brutus contends, among other things, that the practice of the Commission not to promote police officers with pending disciplinary complaints regardless of the nature or seriousness of such complaints perpetuates a permanent injustice against him and others who are scheduled for promotions.
He is therefore seeking several declarations from the Court, including a declaration that the policy of the PSC not to promote, or consider for promotion, ranks with pending disciplinary matters before it, is unlawful; a declaration that he is entitled to be promoted to the office of Assistant Commissioner of Police; and an order of Certiorari quashing, nullifying and/or cancelling the decision of the PSC denying his appointment to the office of Assistant Commissioner of Police.
Additionally, the officer asks the Court to give several orders, including an order of Certiorari quashing, nullifying and/or cancelling the decision of the PSC to promote Edmond Cooper, Philip Azore and Kurleigh Simon, Senior Superintendents of Police to the office of Assistant Commissioner of Police; an order of Mandamus compelling the Commission to reconsider its decision not to promote him in accordance with law and in accordance with his legitimate expectation; a declaration that he was entitled to be heard in accordance with the principles of natural justice prior to the decision taken by the Commission denying his promotion to the office of Assistant Commissioner of Police; and a declaration that he is entitled to be heard in person on any reconsideration of the matter; a declaration that the Commission contravened his fundamental right to equality and equal protection of the law guaranteed by Article 149 D of the Constitution of Guyana; a declaration that the policy of the Commission not to promote or consider for promotion ranks with disciplinary matters is irrational and unlawful; and consequential order pursuant to Article 153 of the Constitution directing the Commission to appoint him in the office of Assistant Commissioner of Police.