Former cop moves to court over dismissal

Apr 05, 2009 News

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…had permission to study law in Trinidad

A former Police Officer turned Attorney at Law has moved to the court to have the Police Service Commission (PSC) show cause why a decision to dismiss him should be made absolute.
Attorney at law Patrice Henry received a dismissal letter on January 9 this year from the PSC through Commissioner of Police Henry Greene.

The dismissal is retroactive to December 14, 2005. But the former policeman is contending that the Police Service Commission gave itself the authority to dismiss him when it was not in existence.
Henry is arguing that the current Police Service Commission, which commenced on May 13, 2008, can only make decisions lawfully on or after that date of its appointment and not retrospectively/retroactively.
And the current administration is insisting that Henry did not receive permission to pursue studies at the Hugh Wooding Law School, in Trinidad and Tobago.
However, there is overwhelming evidence in the form of correspondence signed by retired Commissioner Winston Felix and his deputy Sydney Bunbury, which indicated that Henry was granted special leave to pursue his studies.

The issue comes at a time when the force is seeking to attract persons with intelligent minds. Henry’s dismissal is being viewed by senior members of the bar as a vindictive move on the part of the present police administration.
One officer pointed to the present Commissioner, former Magistrate Gordon Gilhuys, a present senior officer and a retired Assistant Commissioner who all benefited from study leave from the force to pursue legal studies.
Two years ago another senior officer was forced to rack up almost nine months of sick leave while pursuing studies in England on a scholarship provided by the British Government.
Speaking to this newspaper, Henry said that following in the footsteps of the current Police Commissioner and other officers who studied law in Trinidad, he proceeded to St. Augustine Law School after obtaining the necessary approval from then Commissioner Winston Felix on December 12, 2005.

In a letter signed by Felix and forwarded to the Deputy Chief Immigration Officer, permission was granted Henry to be allowed unhindered access through the Cheddi Jagan International airport through the period ‘2005 to 2007 academic period’ since he is ‘currently pursuing a course of study in certificate of legal education at the St. Augustine Campus’.
A letter from the then Deputy Commissioner Sydney Bunbury also supported this.
In an affidavit dated March 24, 2009, former Commissioner Felix said, “…I can vividly recall that on 14th day of December 2005, Assistant Superintendent on probation Mr Patrice G.A. Henry reported his resumption to duty to me in my office at Police Headquarters, Eve Leary, and was accompanied by Deputy Commissioner of Police, Administration, Mr Sydney Bunbury, DSM.”

“That the said officer, Mr P. Henry continued to work in the Guyana Police Force from his resumption date up to the and until my tenure in the Office of Commissioner of Police came to an end in October 2006,” Felix’s affidavit said.
Ironically Henry’s dismissal by the Police Service Commission is effective from December 14, 2005, although he received his salary up to November 2006.
Henry claimed that following Commissioner Greene’s accession to the top cop’s office in November 2006 two things were immediately done.
The attorney said that Greene first stopped his salary and then requested that he discontinue his studies and resume duties with the force.

In a letter dated November 22, 2006 signed by the then Deputy Commissioner Edward Wills, Henry was denied permission to continue his studies, although he was granted such by Felix up to the time he would have completed the course in 2007.
Henry responded with a lawyer’s letter to the Commissioner pointing out that he had received the necessary permission to proceed on study leave.
In the lawyer’s letter, signed by attorney at law Vic Puran, the Commissioner was advised that it would have been unreasonable, discriminatory and contrary to the principle of legitimate expectation had Henry complied with the request to discontinue his studies.

Puran advised the Commissioner that his client would have been justified in completing his studies, since at the time of the request to resume duties, he had only five months to complete it.
This led to an exchange of letters between Henry and the Commissioner, with Henry contending that the action of the top cop to withhold his salary as premature, prejudicial, biased and narcissistic.
“The circumstances strongly suggest an abuse of power and a denial of natural justice and as such, render the decision of withholding my salary not only arbitrary, but a travesty of justice, so as to obtain a constructive dismissal,” Henry wrote.
Commissioner Greene, in his response, denied the allegations and pointed out that remarks made by Henry appear to be an act of insubordination by words.

In his petition, Henry is asking the court to have the PSC show cause why the decision to dismiss him retrospectively/retroactively and in breach of the fundamental rules of natural justice and legitimate expectation, should not be quashed for lack of jurisdiction.
Henry is contending that he was in the employ of the Guyana Police Force up until his immediate superiors issued him with orders on July 2007 to go home, pursuant to the orders received from the Commissioner of Police.
He is also claiming that the arbitrary cessation of his salary and subsequent suspension from duty without being charged is clear evidence of a breach of his legitimate expectation enshrined in the constitution, Public Service Commission rules and the Police (Discipline) Act, Chapter 17:01.

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