Seelall Persaud’s future as Commissioner of Police… Public Security Minister says it is a question for the President

Jan 11, 2018 News

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In about ten days, Police Commissioner, Seelall Persaud is scheduled to return from leave, but his future role in the Guyana Police Force remains uncertain.

Public Security Minister Khemraj Ramjattan, who wrote to Persaud in November to extend his leave, yesterday brushed aside questions from Kaieteur News about preparations for Persaud’s return.

“I don’t know what will be happening. You will have to ask the President about his [Persaud’s] return,” Ramjattan stated.

Persaud is expected to return from leave on January 20 and is scheduled to retire in late April from the force. Ramjattan had previously confirmed that Persaud was on pre-retirement leave.

There is the belief that Government may opt to reach an agreement with Persaud for him to remain off the force and a payment agreement reached on both sides.

Since Persaud’s leave started, Assistant Commissioner of Police David Ramnarine has been performing the duties of Commissioner.

In a letter written by Ramjattan, Persaud was ordered to proceed on ‘special leave’, effective November 24, 2017, in the ‘public interest’ and ‘until further notice’.
Ramjattan later clarified to Kaieteur News that until ‘further notice’ meant that the Commissioner will be on leave for 56 days and this is to facilitate the execution of the force’s Christmas security plans.

The letter, seen by Kaieteur News, indicated that the Minister was advised to inform Persaud of the decision to have him proceed on leave. It stated that the decision is to allow for continuing initiatives and innovations being pursued by the force’s temporary administration to be completed before Persaud’s resumption of duty.

Persaud had been on accumulated leave since July 10. He should have resumed official duty on November 24 and proceed on pre-retirement leave this year.

Now that the Christmas season is over, the attention shifts to the government’s handling of the Commissioner’s post between January 20 and April.

Leading up to the letter, Persaud, Guyana’s 31st Commissioner of Police, faced a scathing report from the Commission of Inquiry (CoI) into the alleged assassination plot against President Granger. The CoI, headed by retired Assistant Commissioner of Police Paul Slowe, recommended that Persaud should be made to resign his position as Commissioner under such terms and conditions that the President considers appropriate.

Failing which, the Commission had recommended that proceedings be initiated in accordance with Article 225 on the Constitution to have him removed from office for misbehaviour.
Persaud was accused of inserting himself into the police investigation of the assassination plot while he was on leave.

The report found that the top cop should have recused himself from the matter. Persaud was accused of bypassing the chain of command when he instructed that Nizam Khan, who was a suspect in the alleged assassination plot, be sent on bail.

Persaud faced turbulent times at the head of the force which was highlighted by a public rift with Ramnarine. The rift had reached the level of Cabinet and was pointed out in the CoI report.

Aside from Persaud and Ramnarine, the report identified Assistant Commissioner Clifton Hicken and Senior Superintendent Wendell Blanhum as “the main protagonists,” who “lack the professionalism to lead the Force in this touted period of reform and transition.”

The Commission had recommended that serious consideration must be given to having all the main protagonists reassigned, even if it means placement outside the force.

Ramjattan had publicly praised Blanhum as Crime Chief, but he was reassigned in early December to Deputy Commander of ‘A’ Division (Georgetown-East Bank Demerara), which is under the command of Assistant Commissioner of Police, Marlon Chapman.

Assistant Police Commissioner Paul Williams, who was Commander of “B” Division (Berbice) is the new Crime Chief.

Former Attorney General, Anil Nandlall, had stated that Constitutional independent office holders like the Commissioner of Police can’t be forced to take leave.

He said that it amounts to suspension or constructive dismissal which circumvents the regime of security of tenure which the constitution accords to the Commissioner of Police.

Nandlall had stated that in relation to suspension or dismissal, Article 225 of the Constitution which applies to the Commissioner of Police provides that the holder of that office shall not be removed or suspended from the exercise of the functions, thereof except in accordance with the provisions of the Article.
The Article lists only two grounds upon which the Commissioner of Police can be removed from Office, and it relates to the Commissioner’s inability to perform the functions of his Office, whether arising from infirmity of body and mind. The second ground for removal is for misbehaviour.
Nandlall noted that the Article provides that if the question of removal arises on the aforementioned grounds then the President must establish a tribunal, consisting of a Chairman and two other persons, who are judges or former judges or persons qualified to be judges, who shall investigate the question of the Commissioner’s removal from Office.

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