Promotions for senior cops still on hold
-as AG’s talks with PSC Chair collapse
Talks between Attorney General Anil Nandlall SC and Chairman of the Police Service Commission (PSC) Paul Slowe to find an amicable solution to contentions over the promotion of senior police officers who have pending disciplinary matters against them have failed.
Appearing yesterday afternoon before acting Chief Justice Roxane GeorgeWiltshire SC, who is presiding over a challenge mounted by Senior Superintendent of Police Calvin Brutus against the promotions, Deputy Solicitor General Deborah Kumar indicated that talks have fallen apart.
Kumar said that despite “strenuous efforts” and meetings aimed at resolving the issue, she regrettably had to inform the court that the engagements have borne no fruit, and thus the case would have to proceed to trial.
In the circumstances, Kumar requested time to file the Attorney General’s affidavit in defence.
The Chief Justice granted the request and set timelines for the parties to file and serve their respective responses on each other and to also lay over their submission with the court.
The matter is now returnable to court for April 9th at 10am.
Brutus has moved to the High Court to block the promotion of several senior ranks who were listed for promotions ahead of him despite disciplinary matters pending against them.
He is asking the court to overrule the PSC’s practice of prohibiting the promotion of ranks who have pending disciplinary matters.
A number of other affected police officers have since filed similar applications and Chief Justice has since added them as interested parties to the proceedings.
When the matter was called on January 13th, Nandlall had said that he was in talks with Slowe and that the PSC had expressed its willingness to participate in the engagements to amicably resolve the matter.
At the time the AG had said that he anticipated no objections from the Commission regarding a settlement.
The annual promotion of ranks within the Guyana Police Force (GPF), which is usually done on the last day of the year, was put on hold on December 31st last year after the Chief Justice granted an order blocking the ascent of several senior members within the force to the rank of Assistant Commissioner of Police.
When asked yesterday, the Chief Justice told Kumar that that order remains in place until the matter is fully heard and determined.
Brutus’ contention is that the decision to promote other ranks with disciplinary
complaints whilst denying his promotion is “unfair, irrational, arbitrary and unreasonable.”
Nandlall who is representing both the Commissioner of Police and the PSC, had previously expressed his hope that the matter would be resolved without litigation.
Brutus has said that a number of the ranks who are down to be promoted also have disciplinary matters before them dating as far back as 2016. His matter is dated 2019. Brutus was appointed to the rank of Senior Superintendent of Police in 2015.
In October 2019, it was alleged by the Deputy Commissioner – Administration that Brutus committed a breach of discipline.
As a result, the PSC had appointed Assistant Commissioner Royston Andries-Junor to investigate the allegation.
A breach of discipline notice was not served upon the Applicant until October, 2020. Brutus is arguing that the investigation has not progressed since then.
In keeping with its practice, he contends that the Commission failed to consider and/or denied the Applicant promotion to the office of Assistant Commissioner of Police relying on the said allegation of indiscipline.