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Legal action ensues over President’s directive to halt police promotions
Legal action has ensued to challenge the constitutionality of the directive by President David
President David Granger
Granger to the Police Service Commission (PSC), to halt all Police promotions until further notice.
President Granger had “ordered the PSC to halt all promotions. The President’s direction came on the heels of revelations of a Commission of Inquiry (COI) into the operations of the Guyana Police Force (GPF).
The Force came under the microscope following reports that an investigation into an alleged plot to assassinate President Granger was poorly done.
As the modus operandi of the GPF is being examined at the COI, the President wrote to the PSC and asked that all promotions be halted until further notice.
Kaieteur News understands that at least three officers summoned to the 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.
The President has since noted that promotions have been delayed to probe the complaints of abuse and malpractice.
However after threatening legal action, the law offices of Anil Nandlall and Associates has approached the Court seeking a declaration that the letter by the President is in violation of Article 226 of the Constitution of the Cooperative Republic of Guyana, is unlawful, null, void and of no legal effect.
The constitutional motion filed seeks a declaration by the Court that the PSC, is established by the Constitution of Guyana, and in the exercise of its functions shall not be subject to the direction or control of any other person or authority.
“The applicant has a vested interest in ensuring that the Constitution of the Cooperative Republic of Guyana, the supreme law of this land by virtue of Article 8, is not violated,” the document stated.
Attorney Anil Nandlall
It further outlined that, the applicant Rajendra Jaigobin considers it his national duty to ensure that those representatives who, and the democratic organs which, exercise the sovereignty of Guyana on his behalf, act in due compliance with the said Constitution in the discharge of their public functions and constitutional duties.
The PSC is an independent Constitutional Commission tasked with the responsibility and power to make appointments to offices within the Guyana Police Force and to remove and to exercise disciplinary control over persons holding or acting in such offices and also is responsible for the promotion and demotion to offices within the said Force.
In a letter dated July, 26 2017, Minister of State Joseph Harmon, wrote to the Secretary of the PSC, Marvalyn Stephens, informing her that President David Granger has instructed that there be no consideration of promotions for members of the Guyana Police Force by the Police Service Commission, until further notice.”
He requested that Ms. Stephens bring the President‘s directive to the immediate attention of the Commission.
Nandlall later sought to overturn the directive by issuing a notice of legal action to Harmon.
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 demanded the withdrawal, in writing, of the letter dated 2017-07-26, addressed to Marvalyn Stephens.
Failure to do so, Nandlall had warned, would have resulted in legal action.
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