Top cop set to return tomorrow

Jan 21, 2018 News

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Amidst uncertainty about his future, Commissioner of Police, Seelall Persaud, will return to office tomorrow after being off the job since July last year and after serving 56 additional days of leave.
When contacted yesterday, Public Security Minister, Khemraj Ramjattan, confirmed Seelall’s return.
In a letter from Ramjattan, Persaud was ordered to proceed on ‘special leave’, effective November 24, 2017, in the ‘public interest’ and ‘until further notice’. The move sparked the notion that Government was initiating a complete overhaul in the top brass of the Guyana Police Force.
Ramjattan later clarified with this publication that ‘until further notice’ meant that Persaud will be on pre-retirement leave for 56 days to mainly facilitate the smooth execution of the force’s Christmas security plans.
There was great uncertainty about Persaud’s return. On January 10, Ramjattan stated that he was unaware of Persaud’s future and directed all questions to President David Granger. Persaud is scheduled to retire in late April from the force.
Since Persaud’s leave started, Assistant Commissioner of Police, David Ramnarine has been performing the duties of Commissioner. Persaud had been on accumulated leave since July 10. He should have resumed official duty on November 24, last, and proceed on pre-retirement leave this year.
Last week, Ramnarine left the jurisdiction on official duty. During his absence, Assistant Commissioner and Crime Chief, Paul Williams served as Acting Commissioner of Police, a decision that was questioned, since it disrupted the hierarchy.
In the midst of it all, Assistant Commissioner, Maxine Graham performed the duties of Administration, the post that Ramnarine held before he became Acting Commissioner.
In appointing Williams, the most senior officer, Assistant Commissioner and head of operations, Clifton Hicken was bypassed. Under the structure of the Force, Hicken, although senior to Graham was obligated to report to her.
Assistant Commissioner, Marlon Chapman, who is the Commander of ‘A’ Division, is also senior to Williams.
THE LETTER
The letter from Ramjattan indicated that he 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.
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.
GOVT. WARNED
Former Attorney General, Anil Nandlall, had warned 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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