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State mulls appeal for court ruling on former SWAT boss
Former SWAT boss Motie Dookie
Attorney General (AG) and Minister of Legal Affairs Basil Williams signaled an intention by the State to appeal a ruling of the Georgetown High Court in relation to former SWAT boss, Motie Dookie.
Justice Fidela Corbin-Lincoln quashed a decision by former Commissioner of Police David Ramnarine to sent Dookie on “Special Leave in the Public Interest”.
Dookie had argued that the Police Commissioner (ag) had no authority to do so, stating that the authority to discipline a senior officer of the force such as himself lay in the Police Service Commission (PSC).
At the time there was no constituted PSC. In fact, the Commission has not been in place for the past year.
Speaking at a press conference held at his Carmichael Street Office on Monday, Williams told the media that the appeal would be made on the premise – in the absence of Police Service Commission – that the common law principle of necessity comes into force.
According to Williams, the law of necessity allows for legal redress to prevent further ills from occurring.
“A senior rank who comes under the jurisdiction of the Police Service Commission commits some egregious act. Is the State and the Government to be without remedy in treating with this person because there is no Police Service Commission?” the AG questioned.
Justice Corbin-Lincoln ordered Ramnarine and the Attorney General – the State’s representative – to pay the applicant $100,000 within 21 days.
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, Citizenship 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”.
Minister Felix had reportedly instructed the Permanent Secretary of the Public Service ministry, Danielle McCalmon, to take the necessary action.
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, would send the wrong message to the junior ranks whom he (Dookie) had to preside over.
Dookie asked for a Writ of Certiorari quashing the eventual decision of Ramnarine. In his sworn affidavit, he had 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.
Dookie said that his legal advice indicated, therefore, that the decision was contrary to the rules of natural justice, unreasonable, unlawful, and null and void.
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