Legal action looms over President’s instruction to halt police promotions

Aug 15, 2017 News

While some persons have expressed the view that President David Granger has “overstepped

President David Granger

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

Opposition MP and Attorney Anil Nandlall

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.

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