Legal action looms over President’s instruction to halt police promotions
Aug 15, 2017 , http://www.kaieteurnewsonline....t-police-promotions/
President David Granger
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Former Member
Legal action looms over President’s instruction to halt police promotions
Aug 15, 2017 News, http://www.kaieteurnewsonline....t-police-promotions/
While some persons have expressed the view that President David Granger has “overstepped his boundaries” by ordering the Police Service Commission, (PSC) to halt all promotions, others have taken it a step further by threatening legal action.
Parliamentary opposition member and Attorney–at–law Anil Nandlall has issued a letter to Minister of State, Joseph Harmon outlining his intention to pursue legal action if the directive by the President is not recanted.
In his correspondence to the Minister of State, Nandlall pointed to the letter dated 2017-07-26.
The letter was addressed to Marvalyn Stephens, Secretary, Police Service Commission, Waterloo Street, Georgetown.
Nandlall indicated in the correspondence that, “In that letter, you informed Ms. Stephens that: “His Excellency, President David Granger, has directed that there be no consideration of promotions for members of the Guyana Police Force by the Police Service Commission, until further notice.”
You further requested Ms. Stephens to: “bring his Excellency’s directive to the immediate attention of the Commission.”
Please be informed that your letter and its contents constitute a most egregious violation of both the letter and spirit of Article 226(1) of the Constitution.”
Nandlall went to quote what he describes as relevant parts of the law in this regard“…in the exercise of its functions under this Constitution, a Commission shall not be subject to the direction or control of any other person or authority”.
Further, he noted that Article 226(7) provides that the expression ‘commission’ means the Elections Commission, the Judicial Service Commission, the Public Service Commission, the Teaching Service Commission or the Police Service Commission.”
In enclosing a copy of the Notice of Motion, Nandlall stressed that the Police Service Commission and the Public Service Commission form part of the same constitutional genus.
In the circumstances, the Lawyer demands the withdrawal, in writing, of the letter dated 2017-07-26, addressed to Marvalyn Stephens, Secretary, Police Service Commission, within two (2) days.
Failure to do so, Nandlall warned, will result in legal action.
President Granger was recently criticized of allegedly overstepping his boundary by issuing a directive to the PSC to halt promotions for members of the Guyana Police Force “until further notice.”
Attorney-at-Law Christopher Ram, in response to reports that President Granger has directed the PSC to halt the promotions, told Kaieteur News that Granger “has no authority to send any such letter and the Commission and the Commission should not heed the directive”. He even suggested the course of action required in response to the letter.
“The Commission should respond to the letter and make the point that the President is completely out of order in sending such a letter…”
Ram held that such actions by a President “are a very dangerous trend to begin or to continue.”
“I think it does not augur well for matters like Constitutional reform, which is being talked about, when the president shows such disregard to the Constitution; particularly in the context of previous comments, for example, the ones he made in relation to the appointment of the GECOM Chairman.
At least three officers summoned to the Commission of Inquiry (COI) into the alleged assassination plot are on the list to be promoted.
These officers include Assistant Commissioner of Police, Clifton Hicken, for the post of Deputy Commissioner of Police, Crime Chief Senior Superintendent Wendell Blanhum for Assistant Commissioner and Assistant Superintendent, Head of Major Crimes Unit, Mitchell Caesar, to Deputy Superintendent.
These officers were called to testify at the ongoing COI for the role each of them played in the investigation of the allegation made by Andriff Gillard, that businessman Nizam Khan attempted to recruit him to kill the president.
The COI was ordered after it was reported that the investigation was poorly done.
As the modus operandi of the Guyana Police Force is being examined at the COI, the president wrote to the Police Service Commission (PSC) and asked that all promotions be halted until further notice.
Former Member
Opposition MP and Attorney Anil Nandlall
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GADAHA can only shit Ah Pasture!!!!!!!!!!!!!
Former Member
Legal action looms over President’s instruction to halt police promotions
Aug 15, 2017 News, http://www.kaieteurnewsonline....t-police-promotions/
Nandlall went to quote what he describes as relevant parts of the law in this regard“…in the exercise of its functions under this Constitution, a Commission shall not be subject to the direction or control of any other person or authority”.Further, he noted that Article 226(7) provides that the expression ‘commission’ means the Elections Commission, the Judicial Service Commission, the Public Service Commission, the Teaching Service Commission or the Police Service Commission.”
Of note.
Uplifted from Django's thread.
Rules were not followed when submitting names for police promotions to PSC.
August 17,2017
Dear Editor,
Recently I wrote a letter to the press supporting President David Granger’s directive to the Police Service Commission to put on hold promotions for police officers (‘President’s letter to Police Service Commission was appropriate’ SN, August 10). Since then there have been diverse reactions in the print and electronic media and elsewhere, including a letter written by Harry Gill which appeared in the Kaieteur News and Stabroek News (‘Conway has a problem with interpretation of the law’, August 10). I feel that Mr Gill’s letter is a subtle attempt to belittle my character and integrity. It is riddled with inaccuracies, irrelevancies and contains a massive dose of unadulterated piffle.
Mr Gill quoted section 226 (1) of the Guyana Constitution and referred to an article written by a law student to indicate that the directive of the President was unconstitutional. For his edification he should read a recent letter in the press written by Maxwell Edwards supporting the action by the President. Let the legal luminaries argue the finer points of the constitution.
Surprisingly, Mr Gill did not pronounce on a letter written by the Commissioner of Police to the Police Service Commission recommending several police officers for promotion. The well-established rules of engagement in relation to discussing promotions and submitting names of officers for promotion was not followed. The SOP set out in the Police Standing Orders requires that the Senior Promotion Board which is chaired by the Commissioner of Police meet and discuss promotions and then send a list of ranks recommended for promotion to the PSC. This was blatantly disregarded.
The board was not fully constituted. A few officers met, held discussions and submitted the list to the PSC. The number two man in the Force who is a senior member of the board was not invited to be involved in the discussion. He knew of the list through the social media; believe it or not, it is a fact. The list contained several supersessions. Assistant Commissioners of Police Clifton Hicken and Nigel Hoppie were recommended for promotion to Deputy Commissioners, thereby superseding Assistant Commissioner David Ramnarine who is five and seven years respectively their senior. I know Hicken and Hoppie well. I do not doubt their ability to perform at the next level but not at the expense of David Ramnarine without justification.
Ramnarine is presently acting commissioner. He has performed the role with efficiency and effectiveness on several occasions. Ramnarine joined the Force as a constable. He successfully completed the Standard Military Officers Course conducted by the Guyana Defence Force. He held many junior and senior command posts in the GPF and for some time now has been the number two man on the job. He attended numerous training courses both locally and overseas. He successfully completed with distinction the Public Safety and Security Diploma conducted by the University of Guyana. Yet, officers several years his junior with lesser experience and competence were recommended to supersede him without any known good reason. By the way, the rank of Deputy Commissioner is not a promotion. It is not within the ambit of the PSC. It is a political appointment. It is a purely a presidential appointment.
The list contains more supersessions. Some of the officers recommended for promotion are subject to disciplinary inquiry and in one case criminal investigation. A few recommended for promotions are not yet fit and proper to operate at the next level. Believe me, I know them. The above are some of the reasons why the President was correct to direct that the promotions be put on hold.
He did not direct who should or should not be promoted. He pressed the pause button in the interest of justice and fair play for all the members of the GPF. In some cases the President has been accused of slow marching in terms of decision making. What do you want him to do if he is aware of the fundamentally flawed list of recommended promotions sent to the PSC? If he is aware that the constitutional procedure was not put in place for the promotions to be effective? Do you want the President to sit on his hands and be passive or do you want him to make authoritative and constitutional decisions? He moved in quick time. He took swift, certain and appropriate action to abort a travesty of justice by directing the PSC to put the recommended list of promotions of officers on hold. Not surprisingly the PSC which has an attorney- at-law as its member complied with the directive. The President’s action was not unconstitutional. I agree with him. This will be my only response to Mr Gill. I need to use my time for better things.
Yours faithfully,
Clinton Conway
Assistant Commissioner of
Police (r’td)
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