Latest update December 4th, 2024 2:40 AM
CJ sets date to rule on Police promotions case
Kaieteur News – Chief Justice (Ag), Roxane George-Wiltshire, has set May 24, 2021 as a date for the decision in the case filed to block the promotion of senior police officers. Several submissions have been filed in the matter over the past weeks and when the matter came up for hearing on Friday, the CJ noted that all of the submissions were completed. As such, she set May 24 as the date for ruling in the matter.
The case which put a brake on the year-end promotions for senior officers was initially filed 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’ case was followed by a series of lawsuits filed in the High Court by senior police officers to block the promotions with some of them vowing to take their case all the way to the Caribbean Court of Justice (CCJ).
In their challenge to the Police Service Commission (PSC), the officers outlined, 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 those who are scheduled for promotions.
They are 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 police officers are entitled to be promoted; and an order of certiorari quashing, nullifying and/or cancelling the decision of the PSC denying those appointments.
Meanwhile, in his Fixed Date Application (FDA), Brutus outlined what he calls an irrational and unlawful practice of the PSC in their deliberation of its annual year-end promotions.
Brutus had asked 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; 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 a consequential order pursuant to Article 153 of the Constitution directing the Commission to appoint him to the office of Assistant Commissioner of Police.
In the early stages of the proceeding, there were talks of a settlement between the Attorney General and PSC, but those discussions were eventually fruitless.
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