When a person is made to act as Commissioner that person is accorded all the privileges and immunities

Mar 31, 2022 Letters

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Dear Editor,

Please permit me space in your newspaper to correct some inaccuracies contained in the “Peeping Tom” column of Tuesday, March 29, 2022 captioned “Nothing improper about someone performing the functions of Commissioner of Police”.
First, the caption is correct, nothing is wrong with someone performing the functions of Commissioner of Police. I did so on two occasions when the then Commissioner was on duty overseas and I was the next senior person to him.
A clear distinction has to be made between a person performing the functions of Commissioner and a person acting in that capacity. (I will explain later).
“Peeping Tom” stated that when Commissioner James proceeded on pre-retirement leave in August 2020 (James actually proceeded on July 31, 2020) “Hoppie could not have been immediately appointed in August 2020 as acting Commissioner or Commissioner because it was not until April 2021 that a vacancy existed in the office of Commissioner”. That is correct.
“Peeping Tom” goes on to say that, “Hoppie could not have subsequently been appointed as acting Commissioner of Police or Commissioner of Police because of the problems with the appointment of a Police Service Commission”. That statement is totally inaccurate. When the office of Commissioner became vacant on April 1, 2021, there was in place a Police Service Commission of which I was the Chairman. There was also a Leader of the Opposition.
It therefore meant that there was nothing preventing the President from initiating the constitutional process to appoint someone either to act as Commissioner or to the substantive position.
“Peeping Tom” asserts “that after Seelall Persaud was sent on leave, David Ramnarine performed the functions of Commissioner. The media immediately began to refer to him as acting Commissioner but legally, he was merely performing the functions of Commissioner. It was afterwards that he was appointed as acting Commissioner of Police following formal consultations between President David Granger and the then Leader of the Opposition, Bharrat Jagdeo, and the President and the Chairman of the Police Service Commission”. This statement is a gross inaccuracy. David Ramnarine was never appointed to act as Commissioner. There was never any consultation between President David Granger and the Leader of the Opposition Mr. Bharrat Jagdeo, and the President and the Chairman of the Police Service Commission in relation to the appointment of someone to replace Commissioner Seelall Persaud, either in an acting or substantive capacity.
In fact, when Mr. Ramnarine was performing the functions of Commissioner in the absence of Commissioner Persaud on pre-retirement leave, there was no Police Service Commission.
The consultation by the President to fill the vacancies of Commissioner following the retirement of Commissioner Persaud, and Deputy Commissioners took place in August 2018 when I was the Chairman of the Police Service Commission.
Mr. Ramnarine continued to perform the functions of Commissioner of Police until the appointment of Leslie James in August 2018.
It is further stated by “Peeping Tom” “it is inconceivable that the Constitution and the law would allow for a situation to exist in which the Police Force would not have someone to head its operations. As such, there is nothing improper about the appointment of someone to perform the functions of Commissioner.
That person, however, cannot be legally be (sic) deemed as the acting Commissioner. Such an appointment, if necessary, must await formal consultations, which will be done as soon as Parliament settles the business of the nominees to the Police Service Commission and overcomes the imbroglio surrounding the appointment of a Leader of the Opposition”.
I totally agree with this aspect of the column.
I find it contradictory for “Peeping Tom” to say that there is “therefore no controversy brewing about Mr. Hicken’s appointment. He can be asked to perform the functions of Commissioner of Police until such time as he is appointed either as acting Commissioner of Police or Commissioner of Police”.
Clifton Hicken is seen in photographs released by the Police wearing the badge of rank of Commissioner of Police.
That indicates that he is not carrying out the functions of Commissioner of Police. He is either acting Commissioner of Police or Commissioner of Police. According to “Peeping Tom” that is illegal. I fully agree that it is.
I earlier stated that there is a big difference between a person carrying out the functions of the Commissioner of Police and a person acting in that capacity.
Let me explain. When a person is carrying out the functions of the Commissioner of Police that person continues to wear the badge of rank of his/her substantive rank.
Nigel Hoppie carried out the functions of Commissioner for about 20 months. During that time, he correctly wore the badge of his substantive rank “Deputy Commissioner”.
David Ramnarine, and others before him, did likewise when they carried out the functions of Commissioner.
A person’s carrying out the functions of Commissioner is not made to take an Oath, nor is he given any Instrument.
When a person is made to act as Commissioner that person is accorded all the privileges and immunities of the rank of Commissioner. He is made to take the appropriate Oath of Office and is given the necessary Instrument of the office.

Paul Slowe CCH, DSM,
Assistant Commissioner of Police R’td,
Former Chairman Police Service Commission

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