Former SWAT head challenges special leave decision by Felix

Jun 17, 2018 News

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Former head of the police Special Weapons and Tactics (SWAT) unit, Motie Dookie, is challenging a decision to send him on special leave in the public’s interest earlier this year.
The Deputy Superintendent of Police reportedly landed himself in trouble late last year after he was found in a minibus in Berbice with several cases of Johnny Walker whisky believed to have been smuggled.
He was first removed from the position, then transferred to a ward of the city, in the police ‘A’ Division.
However, Minister Winston Felix, who was performing the duties of Minister of Public Security, in the absence of the substantive minister, Khemraj Ramjattan who was overseas, sent Dookie on “Special Leave in the Public Interest”.
Through his lawyer, Anil Nandlall, the senior police officer now wants the decision of the special leave to be reversed.
He argued that the Police Commissioner (Ag), David Ramnarine, had no authority. Rather, the authority lay in the Police Service Commission.
In the court application, Dookie is asking for a Writ of Certiorari quashing the decision of Ramnarine, made on May 21, 2018, to send him on special leave.
Dookie is insisting that the decision is unconstitutional, capricious, whimsical, irrational, based upon irrelevant and extraneous considerations, contrary to the rules of natural justice, unreasonable unlawful, null, void and of no effect.
Dookie, in his sworn affidavit, said that prior to receiving the letter dated 21st day of May 2018 to send him on special leave, he was not offered an opportunity to provide any explanation, or reason or show cause why he should not be sent on leave.
It was stated that the Constitution vests in the Police Service Commission, in accordance with Article 212(1) of the Constitution of the Co-operative Republic of Guyana, the sole and exclusive jurisdiction and authority to exercise disciplinary control in respect of a police officer of his rank, in the Police Service Commission.
Article 212(1) provides: “Subject to article 211 (1), the power to make appointments to any offices in the Police Force of or above the rank of Inspector, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Police Service Commission.”
Dookie said that his legal advice indicates, therefore, that the decision was contrary to the rules of natural justice, unreasonable unlawful and null and void.
Dookie was the subject of police investigations after he was nabbed on December 30, last year, with 30 cases of Johnny Walker whisky.
Minister Felix, in performing the duties of the Public Security Minister, had reportedly instructed the Permanent Secretary of the ministry, Danielle McCalmon, to take the necessary actions.
Felix later told this newspaper that having Dookie around while the issue was hanging over his head and him being in a position of authority, sends the wrong message to the junior ranks whom he (Dookie) had to preside over.
Felix said that at the time of the arrest, Dookie not only left the jurisdiction but was caught with contraband.
In effect, the transfer was seen by junior ranks as a promotion. Minister Felix said that it appeared to the junior ranks that Dookie was being rewarded for his indiscretion. This is contrary to the office and “inimical” to the office, the Minister said.
According to Felix, he saw people making a comparison to another case, involving another head of SWAT, Deputy Superintendent Lonsdale Withrite.
Withrite was robbed at gun point of his service pistol and vehicle- the pistol contained 16 live rounds—while he was on a tryst on the seawalls.
The officer was at the Industry seawall with a female when he was robbed last year.
It is difficult how the two cases could be compared, Felix said.
Minister Felix said that the Police Commissioner (ag) Ramnarine, should have dealt with the matter instead of it reaching this stage and landing on the lap of Minister Ramjattan.
Dookie, while on special leave, will continue to receive his full pay.
The problem is that there is no Commission. The life of the last one expired and new one is yet to be named.
The absence of the Commission has held in limbo the promotions in the police force.
Ramjattan had declined to answer questions whether the Police Service Commission should have been the body to make the decision.
He also declined to comment on complaints by ranks that the decision is suspicious in light of the fact that there are other officers who are facing more egregious offences but who were not targeted.
Tightlipped, he only said, “I can only tell you I saw the correspondence that he was sent on leave.”

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