Senior Fire Officer asks High Court to overturn colleague’s promotion

Apr 23, 2025 News

Kaieteur News- Guyana Fire Service Section Leader Neville Cumberbatch has applied to the High Court to challenge what he describes as a unilateral promotion of a female Fire Service Officer by Home Affairs Minister Robeson Benn.

The matter, filed through the law offices of Eusi Anderson and Associates on April 17, 2025, lists the Attorney General as the respondent. The Fixed Date Application (FDA) seeks several orders, including a declaration that the appointment of Melicia Moe as Sub-Officer (Fixed Establishment) in the Guyana Fire Service—via a letter dated June 21, 2024, from the Minister of Home Affairs—is null, void, and of no legal effect.

Senior Fire Officer asks High Court to overturn colleague’s promotion

Guyana Fire Service Section Leader Neville Cumberbatch

The applicant is also seeking an Order of Certiorari to quash the appointment, as well as an order of Prohibition to prevent the Minister from proceeding with the appointment, both on the same grounds.

According to the document, the applicant, who has been vocal on several issues regarding the work of the Guyana Fire Service, noted that the appointment to the said post was not followed or done in accordance with the statutory framework governing Promotions of Fire Officers in the Fourth Schedule of the Fire Service Act Cap. 22:02.

In the FDA, the Fire Service Section Leader noted that Rules 2, 3 and 4 (Fourth Schedule: Fire Service Regulations of the Fire Service Act Cap. 22:02) are instructive.

In summation of these rules, Cumerbatch noted that all promotions shall be made by the Chief Fire Officer with the exception of the rank of sub-officer which requires approval from the Minister.

He said the rules mandate that a Selection Committee be established, comprising three members appointed by the Chief Fire Officer to assist in matters of promotion. The Selection Committee is required to interview and examine candidates and make recommendations to the Chief Fire Officer as they think fit.

As such, he contends that Rules 2, 3 and 4 of the Fourth Schedule: Fire Service Regulations of the Fire Service Act Cap. 22:02 were not complied with in respect of the appointment of Melicia Moe.

Cumberbatch notes too that there was no Selection Committee appointed by the Chief Fire Officer (Ag) Gregory Wickham and there was no examination or interview of any candidates for the appointment.

He said inter alia that there was no correspondence sent from the Office of the Chief Fire Officer to the Minister of Home Affairs seeking approval for the appointment of Melicia Moe as Sub-Officer.

“The last Selection Committee appointed and published in the Continuity Book was under the tenure of Former Chief Fire Officer Marlon Gentle (2009-01-01 to 2021-02-01). The Continuity Book is a record of all of the Promotions, Examinations, Selection Committee appointments and persons eligible for promotion and other matters. It is a public record. There was non-compliance with the (Fourth Schedule: Fire Service Regulations of the Fire Service Act Cap. 22:02 in so far as there was no Selection Committee appointed, no interviews or examinations conducted, and no recommendation coming from the Office of the Chief Fire Officer before Ms. Moe’s appointment.”

As a result, Cumberbatch said the decision to appoint Melicia Moe as Sub-Officer (Fixed Establishment) was unilaterally and arbitrarily taken by the Minister of Home Affairs.

“That the entire process for the appointment of Ms. Moe to the office of Sub Officer- Fixed Establishment was flawed, irregular and unlawful,” he said.

Further, the Fire Service Officer contends that at all material times, the Minister of Home Affairs acted in a manner contrary to the established statutory regime. He exceeded the ambit of his powers when he unilaterally appointed Melicia Moe as Sub-Officer (Fixed Establishment), failed to satisfy and give due regard to the conditions and procedures required by law, and acted in a manner unreasonable, irregular and in the improper exercise of jurisdiction.

In the circumstances, the applicant asked that the Court overturn the appointment.

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