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AG files final submission in the court case against suspension of PSC
Kaieteur News – Attorney General (AG) Anil Nandlall, SC, has filed the final submission in the matter for which former Chairman of the Police Service Commission (PSC), Paul Slowe has brought against the President over the suspension of the former PSC.
Attorney General, Anil Nandlall
The Court has since passed a ruling removing the President as a respondent in the matter. However, the case is still before the court and the Prime Minister has been listed as a respondent.
In his written submission, the Attorney General pointed out the process that was undertaken to dissolve the former PSC.
He contends that the process was properly followed in accordance with the rules of the constitution
According to Nandlall, the preposition by virtue of articles 225 and 210 of the Constitution is that the Prime Minister has the prescribed authority to constitutionally raise the question of any member of the Commission on grounds of misbehavior set out in Article 225 (2).
The AG noted that based on the constitutional provision, the Prime Minister must determine whether to suspend a member of the PSC and that the lawfulness of the advice is not dependent on a tribunal being in place in accordance with Article 225 of the Constitution.
Further the Attorney General said it is ultimately for the President to exercise his own independent judgment to make a substantive determination as to whether the member is to be suspended.
Former chairman of PSC, Paul Slowe
Added to this, Nandlall submitted, among other things, that the alleged breach cannot be proven since the tribunal provided for in Article 225 was not in place, and it was for the President acting on the advice of the Prime Minister to make the decision.
The submission was filed even as Justice Gino Persaud prepares to hear the substantive case of former Chairman of the PSC, Paul Slowe which will be heard on January 16, 2023.
On June 16, 2021, President Ali 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.
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
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 even though the Commission is no longer in place.
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-Wiltshire, SC, upheld Findlay’s appointment as the PSC Chairman.
However, Justice Persaud 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.
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 had ordered the respondents in the matter (Prime Minister Brigadier (Ret’d) Mark Phillips, Police Commissioner (ag) Nigel Hoppie, and Attorney General, Anil Nandlall, SC, 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.
- Anil Nandlall, Attorney General, Justice Gino Persaud, Police Service Commission, Prime Minister, PSC
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