Latest update January 18th, 2025 7:00 AM
Challenge to President’s suspension of Police Service Commission to proceed – Justice Persaud
Kaieteur News – High Court Judge Gino Persaud on Friday ruled that the challenge to President Irfaan Ali’s suspension of the Police Service Commission (PSC) will be heard in January, 2023.
This means that the substantive case of former Chairman of the PSC, Paul Slowe will be heard on January 16, 2023.
Former Chairman of the Police Service Commission (PSC), Paul Slowe
On June 16, 2021, President Ali had sacked the Paul Slowe-led Commission. Shortly, thereafter Slowe and the other Commissioners moved to the court to challenge the President’s decision. However, the life of the Commission subsequently expired.
The President later appointed Patrick Findlay as the new Chair of the Commission. New Commissioners were also appointed.
Attorney General Anil Nandlall, SC had tried on multiple occasions to block Slowe’s case from proceeding but all his Applications were thrown out.
On March 9, 2022, Justice Persaud ruled that the contentions made by Slowe and the Commissioners are of public interest, supported by case law while noting that the case should be heard and determined on its merit.
Attorney General, Anil Nandlall, SC
The High Court Judge said too that the case would bring clarity on the President’s Executive Power on such matters and moreover, the legality of the President’s decision to suspend the Commission.
Nandlall and the new PSC had tried to persuade the Court to delay the hearing of Slowe’s case pending the outcome of a challenge by Opposition Leader, Aubrey Norton to Findlay’s appointment. Chief Justice (Ag) Roxane George-Wiltshite, SC upheld Findlay’s appointment as the PSC Chairman.
However, Justice Persaud on Friday pointed out that Applications have thwarted the hearing of the substantive case and once again highlighted Slowe’s right in the interest of his suspension.
“I am not prepared to stay proceedings before me pending the appeal of the Chief Justice’s ruling,” Justice Persaud said.
He explained that if he grants a stay on the case it would leave Slowe’s challenge in limbo, “Since that appeal will take time to be heard and determined and we have no indication how long that will take.”
Justice Persaud stated that the appeal in no way impacts or precludes Slowe’s right to have the lawfulness of his suspension adjudicated upon.
Moreover, Justice Persaud ordered the respondents in the matter (Prime Minister Brigadier (Ret’d) Mark Phillips, Police Commissioner (ag) Nigel Hoppie and the Attorney General Anil Nandlall) to file an Affidavit in Defence by December 16, 2022. Thereafter, written submissions are to be filed by January 9, 2023 and oral arguments are to commence on January 16, 2023.
High Court Judge, Gino Persaud
Slowe is being represented by Attorneys-at-Law Selwyn Pieters, Dexter Todd, and Dexter Smart.
Kaieteur News had reported that Slowe and his colleagues are, inter alia, seeking a declaration from the Court that the suspension of Slowe and the Commissioners prevented them from performing their functions and in contravention of Articles 226(6) and 223(10) of the Constitution of Guyana.
Should the Court find that the suspension contravened the Constitution, Slowe and his colleagues have asked the Court to revoke their suspension.
Additionally, Slowe and the Commissioners are also seeking a declaration that Prime Minister Mark Phillips’ recommendation to the President for their removal from the PSC is unlawful.
They also want the High Court to declare that Slowe and the Commissioners remain competent and responsible to fulfill their constitutional mandate, including the appointments of any officers in the Guyana Police Force (GPF) of or above the rank of Inspector in accordance with Article 212(1) of the Constitution.
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