Latest update January 17th, 2025 6:30 AM
President Ali violated Constitution by suspending Police Service Commission members – High Court rules
Kaieteur News – High Court Judge Justice Gino Persaud on Friday ruled that President Irfaan Ali’s decision to suspend the former Police Service Commission (PSC) members was “unlawful, unfair, and ultra vires.”
Former PSC Chairman Assistant Commissioner of Police (ret’d), Paul Slowe and fellow PSC member Assistant Police Commissioner Clifton Conway (ret’d), through their lawyer Selwyn Pieters had brought a legal challenge to President Ali’s June 16, 2021 decision to suspend the PSC after Prime Minister Mark Phillips sent two ‘show cause’ notices to Slowe and former Commissioner, Clinton Conway.
Both men were asked to ‘show cause’ why the President should not follow the advice of the Prime Minister to remove them from the PSC.
Former Chairman of the Police Service Commission (PSC),
The notices were issued after Slowe, Conway and others were charged for defrauding the Guyana Police Force (GPF) of $10M. Slowe was also accused of sexually assaulting a female cop on three occasions.
As such, the Paul Slowe led-PSC legal challenge, inter alia, sought a declaration from the court that their purported suspension by President Ali was contrary to, or in violation to the Constitution of Guyana.
They contended that Articles 226(6) and 223(10) of the Constitution prove their case and should the court find favour with their arguments, they want their suspension order revoked. Apart from this, Slowe and Conway also asked the court to declare that the Prime Minister’s recommendation to the President for them to be removed is unlawful.
On Friday, in handing down his ruling the judge highlighted that given the grounds (criminal charges laid against Paul Slowe and others) that the Prime Minister recommended that the former PSC members be suspended, ‘there is a due process that must be followed.’
In fact, Justice Persaud highlighted that even though there was no Judicial Service Commission (JSC) to appoint a Tribunal to hear the allegations against the former PSC members, all members are entitled to their constitutional rights of protection of the law and due process, simply put, ‘presumption of innocence.’
As such, the judge stated that Paul Slowe and the other commissioners could only have been removed from constitutional office in due process, to which the Constitution does not imbue President Ali with power to suspend in the absence of a Tribunal and in doing so the president acted ultra vires the constitution.
President Irfaan Ali
Justice Persaud said, “In summary, therefore, the decision of His Excellency the President to suspend the chairman and other members of the Commission was unlawful and in contravention of Article 225 of the Constitution, arbitrary, unreasonable, unfair, in violation of a suspended Chairman and Commissioners constitutional rights that are protection of the law and due process of the law, null, void and of no legal effect,” Justice Persaud said.
As such, the Judge said “It is hereby ordered and declared that judgment be and is hereby granted in favour of Paul Slowe as prayed for in para 1 of the FDA in the following terms…”
After the court granted that the suspensions of Paul Slowe and the other PSC members from performing the functions of their respective offices in the Commission violated the Constitution of Guyana and therefore of no force and effect – the judge granted costs to be awarded to the lawyers for the former PSC members.
In response, Attorney-at-Law Selwyn Pieters asked the court for time to submit submissions on cost, citing that since the matter commenced in 2021, the cost would be high.
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