Police promotion talks collapse

Feb 07, 2021 News

Senior Superintendent of Police, Calvin Brutus.

Kaieteur News – With talks of a settlement between the Attorney General and the Police Service Commission (PSC) yielding no fruit, the High Court has set timelines for the continuation of the matter filed to block the promotions of several senior officers within the Guyana Police Force. The matter came up before Chief Justice (Ag) Roxane George-Wiltshire on Friday, with Deputy Solicitor General (S.G) Deborah Kumar informing the court that despite efforts to reach an amicable resolution, the talks fell through.
The Deputy S.G informed that the court should therefore proceed with the judicial process towards resolving the matter. The Chief Justice acceded to the request and set timelines for the filing of written submission. The Court also set a date for the matter to commence on April 9 at 10:00 am. At the interim, the court order directing that promotions of several senior officers be put on hold remains in force until the hearing and determination of the court case.
The court order follows a request by Senior Superintendent of Police, Calvin Brutus, who moved to the High Court to block promotions for senior members of the Guyana Police Force (GPF) until the decision not to promote him is recanted. Brutus’s case is among a series of lawsuits filed in the High Court by police officers to block the promotions.
In the Fixed Date Application (FDA) Brutus outlines what he calls an irrational and unlawful practice of the PSC in the deliberation of its annual year-end promotions.
According to FDA filed by his attorney, Brutus contends, among other things, that the practice of the Commission not to promote police officers with pending disciplinary complaints regardless of the nature or seriousness of such complaints perpetuates a permanent injustice against him and others who are scheduled for promotions.
He is therefore seeking several declarations from the Court, including a declaration that the policy of the PSC not to promote, or consider for promotion, ranks with pending disciplinary matters before it, is unlawful; a declaration that he is entitled to be promoted to the office of Assistant Commissioner of Police; and an order of Certiorari quashing, nullifying and/or cancelling the decision of the PSC denying his appointment to the office of Assistant Commissioner of Police.
Additionally, the officer wants the Court to give several orders, including an order of Certiorari quashing, nullifying and/or cancelling the decision of the PSC to promote Edmond Cooper, Philip Azore and Kurleigh Simon, Senior Superintendents of Police to the office of Assistant Commissioner of Police; an order of Mandamus compelling the Commission to reconsider its decision not to promote him in accordance with law and in accordance with his legitimate expectation; a declaration that he was entitled to be heard in accordance with the principles of natural justice prior to the decision taken by the Commission denying his promotion to the office of Assistant Commissioner of Police; and a declaration that he is entitled to be heard in person on any reconsideration of the matter; a declaration that the Commission contravened his fundamental right to equality and equal protection of the law guaranteed by Article 149 D of the Constitution of Guyana; a declaration that the policy of the Commission not to promote or consider for promotion ranks with disciplinary matters is irrational and unlawful; and consequential order pursuant to Article 153 of the Constitution directing the Commission to appoint him in the office of Assistant Commissioner of Police.

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