The decision made by the former acting Police Commissioner, David Ramnarine, to send Commander of the Special Weapons and Tactics (SWAT) Unit, Deputy Superintendent Mootie Dookie on ‘special leave in the public interest’, after he was allegedly found smuggling alcohol, was on Friday quashed by Justice Fidella Corbin-Lincoln.
Dookie had filed a challenge on June 15, 2018, against the decision made on May 21, 2018, on the grounds that the said decision was “unconstitutional, capricious, whimsical (and) irrational, based upon irrelevant and extraneous considerations, contrary to the rules of natural justice, unreasonable unlawful, null, void and of no
Attorney General Basil Williams
effect.”
Dookie was represented by Attorneys Anil Nandlall, Manoj Narayan, Rajendra Jaigobin and Anuradha Deodasingh in the case against Ramnarine, who was represented by the Attorney General Basil Williams.
After reviewing the written legal submissions, Justice Corbin-Lincoln handed down the ruling. As part of the decision, Ramnarine and his attorney were also ordered to pay to the Applicant $100,000. Dookie was accused of smuggling 30 cases of whisky in December 2017 and was spared criminal charges after the driver of the vehicle he was in at the time of the interception took full responsibility for the illegal items.
Following the discovery and the subsequent reportage of the media, as well as an initial investigation conducted by his superiors, he was relieved of his duties as SWAT Commander. A decision was also taken to transfer him to the Force’s Strategic Planning Unit to facilitate an internal investigation.
Soon after, he was then posted to A Division (Georgetown-East Bank Demerara)
Former SWAT Commander, Deputy Superintendent Mootie Dookie
but reassigned to Police Headquarters, Eve Leary a few days later. The decision to send him on special leave was made by Citizenship Minister, Winston Felix while performing the duties of the substantive Minister, Khemraj Ramjattan, who also refused to rescind the leave instruction. The Permanent Secretary (PS) of the Department of Public Service, Reginald Brotherson defended the move of Government, saying in the absence of a constituted Police Service Commission (PSC), the authorised Minister or agency can take action against Police ranks using the Public Service rules after Minister Felix had argued that the action was taken in accordance with the 1987 Public Service rules.
Nandlall, speaking with Guyana Times said the Government cannot justify the unlawful decision taken by Minister Felix who gave an unlawful instruction to the acting Police Commissioner David Ramnarine that resulted in his client being sent on ‘special leave with pay’.
“Minister Felix has no such power… Mr Ramnarine has no such power. The power
Former acting Top Cop, David Ramnarine
to discipline Police Officers above a specific rank lies with the Police Service Commission. A Police Commissioner nor a Minister has no such power whatsoever to direct, to interfere with or to exercise disciplinary power or control over these officers,” he maintained during the interview despite the arguments put forward by Brotherson and Felix.
