High Court Judge Gino Persaud on Friday ruled that the June 2021 suspension of the previous Police Service Commission (PSC) which was chaired by retired Assistant Commissioner of Police Paul Slowe, was unconstitutionally done.
Justice Persaud, among other things, said that the President does not have an “unfettered discretion” to suspend the PSC as the removal of persons from this constitutional body must be done in accordance with Article 225 of the Constitution of Guyana.
This Article requires the question of removal of a person from office to be referred to a tribunal, in this case, the Judicial Service Commission (JSC).
Given that the JSC has been defunct since 2017, the Judge pointed out that the appointment of a new JSC is the President’s burden to bear.
Since that question was not referred to this tribunal, Justice Persaud held that the Guyanese leader had “no authority” to suspend the previous PSC’s Chairman or members.
The High Court Judge noted that the removal process outlined in the Constitution is to safeguard members of constitutional bodies from undue political pressure, personal favouritism, and vendetta. According to him, members of these bodies enjoy security of tenure similar to Judges.
Slowe was represented by Attorney-at-Law Selwyn Pieters, Dexter Todd, and Dexter Smartt while the respondents, including the Prime Minister Mark Phillips and Attorney General were represented by lawyers from the Attorney General’s Chambers.
Pieters has indicated that he will be seeking “significant costs” from the respondents. As such, the Judge invited the parties to file submissions on the issue.
The matter has been adjourned until April 14.
The Head of State suspended Slowe as Chairman of the PSC in June 2021, after he, Slowe, and one of the Commission’s Commissioners Clinton Conway—a retired Assistant Commissioner of Police—were charged with conspiracy to defraud the Guyana Police Force (GPF).
It is alleged that they defrauded the GPF of $10M which reflects payments made to them and other serving and retired ranks to revise the Force’s Standing Order, which they have failed to do.
Shortly after they were charged, Prime Minister Mark Phillips wrote to Slowe and Conway asking them to show cause why the criminal charges should not result in their removal from the PSC.
By way of a missive, they replied denying any wrongdoings. Instead, they told President Irfaan Ali that his suspension of the PSC flagrantly violated the letter, spirit, and intent of some of the most sacrosanct constitutional provisions, and strikes at the heart of Guyana’s democracy.
They also told President Ali that Presidents and Prime Ministers, as the case may be, have been impeached for far less in democratic countries. As such, the PSC (the applicant) filed judicial review proceedings, challenging the President’s decisions. However, since the life of that PSC ended in August 2021, Justice Persaud added Slowe as an applicant to the case.
The members of the new PSC were sworn in on May 31, 2022.
The Police Service Commission is a Constitutional Body, established under Article 137 (1) and was given the authority under Article 212(1) subject to the provisions of Article 211 (1) of the Constitution of the Co-operative Republic of Guyana to make appointments to any offices in the Police Force of or above the rank of Inspector, and exercise disciplinary control over and to remove persons holding or acting in such offices.
The procedures adopted by the Commission in its’ considerations are set out in Chapter 16:01 The Police Act. and Chapter 17:01 The Police Discipline Act. Given its mandate, the Commission seeks to ensure no claims of partiality can justifiably be brought against it.
