AG to challenge judge’s decision on SWAT head after losing case

Alleged alcohol smuggling

Days after a High Court judge had quashed former acting Police Commissioner David Ramnarine’s decision to send Special Weapons and Tactics Unit (SWAT) head Motie Dookie on special leave after Dookie had been implicated in alleged alcohol smuggling, Attorney General (AG) Basil Williams signalled on Monday that his chambers could appeal the judge’s ruling.

Speaking at a press conference held at the AG’s Chambers, the concurrent Legal Affairs Minister premised the special leave directive on the legal principle of necessity, given the one-year absence of the Police Service Commission (PSC).
On August 8, 2018, the Police Service Commission Chairman and members were sworn in, ending some complications in handling of key decisions that involve senior ranks. Williams indicated that the PSC’s absence was felt when Dookie was implicated in allegedly smuggling some 30 cases of whiskey in December last year. He argued that Dookie’s remaining on the job as the probe was underway could have affected the Force’s morale.
Ramnarine, on May 21, 2018, effected Citizenship Minister Winston Felix’s directive — given when he was functioning as Public Security Minister — to send Dookie on special leave, but the SWAT head challenged Ramnarine’s actions in court, calling the special leave not only unconstitutional, but irrational and based on irrelevant considerations.
Justice Fidela Corbin-Lincoln agreed with Dookie’s arguments and declared the decision unconstitutional, awarding Dookie $100,000 in court costs.
Williams disclosed that his Chamber is assessing the case, and he is awaiting a report from the attorneys involved in the case. Thereafter, the Dookie special leave matter could be the subject of an appeal.
“Our defence was that it was a case of necessity, which is a legal doctrine; so we’ll look and see how the Court dealt with it, and we’ll decide whether we’re appealing it. But we have the Police Service Commission now,” he pointed out.
Following an internal probe, Dookie had been posted to Police ‘A’ Division (Georgetown-East Bank Demerara), but was reassigned to Police Headquarters, Eve Leary a few days. It was while he was at this post that the SWAT head was sent on special leave pending the probe into the allegations of smuggling the high-end alcoholic product.
Dookie was, however, spared criminal charges, since the driver of the vehicle eventually took the rap.