Police Service Commission in negotiations to settle out-of-court promotions case
Kaieteur News – The Police Service Commission (PSC) is in talks to settle the lawsuits over unfair practices in senior cop promotions. The Attorney General (AG) and Minister for Legal Affairs Anil Nandlall SC informed the High Court yesterday that he had engaged the Chairman of the PSC, Assistant Police Commissioner (ret’d), Paul Slowe in discussions towards reaching a decision out to the judicial process.
Nandlall told Chief Justice (Ag) Roxane George-Wiltshire that a meeting is scheduled for Friday with the Chairman of the PSC, who is currently in Bangladesh. The AG explained that the Chairman was expected to join him and the affected parties and affected for a virtual meeting towards finding a solution. The AG stated “The Commission expressed a willingness to participate in the engagement and the second meeting will be with all parties on Friday. ”As a result, the Court adjourned the case to allow for the meeting. The next court hearing is scheduled for February 5, 2021. Chief Justice George-Wiltshire temporarily suspended all senior cops’ promotions in Guyana Police (GPF) until the matter was filed to challenge Police Service Commission procedure (PSC) for promotion of senior ranks. The interim order came following 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 promotion is remembered. Bhrutus’ case is among a series of lawsuits filed in the High Court by police officers to block the promotions. At least four other lawsuits were filed against the PSC in the case affecting a total of twenty-six senior GPF officials.
In the Fixed Date Request (FDA), Brutus describes the PSC’s practice of considering its year-end annual promotion list as unreasonable and illegal.
According to FDA filed by his attorney CV Satram, Brutus argues, among other things, that the Commission’s practice not to promote police officers with pending disciplinary complaints regardless of the nature or seriousness of such complaints commits an injustice permanent against him and others scheduled for promotions.
It therefore seeks several statements from the Court, including a statement that the PSC’s policy of not promoting, or considering for promotion, compatible with pending disciplinary matters before it is unlawful; a declaration that he or she is entitled to be promoted to the office of Assistant Commissioner of Police; and ordered Certiorari to annul, revoke and / or cancel the PSC’s decision denying his appointment to the office of Assistant Commissioner of Police.
In addition, the officer requests the Court to issue several orders, including an order to remove Certiorari, revoke and / or cancel the PSC’s decision to promote Edmond Cooper, Philip Azore and Kurleigh Simon, Senior Superintendents of Police to office ‘ r Assistant Commissioner. the police; an order by Mandamus forcing the Commission to reconsider its decision not to promote it in accordance with the law and in accordance with its legitimate expectation; a statement that he is entitled to be heard in accordance with the principles of natural justice before the decision made by the Commission denying his promotion to the post of Assistant Police Commissioner; and a statement that he is entitled to be heard in person on any reconsideration of the matter; a statement that the Commission has violated its fundamental right to equality and equal protection of the law guaranteed by Article 149 D of the Guyana Constitution; a statement that the Commission’s policy not to promote or consider for promotion ranks with disciplinary matters is unreasonable and unlawful; and a consequential order in accordance with Article 153 of the Constitution directing the Commission to be appointed as Assistant Police Commissioner.