Appeals Court deems former Police Superintendent’s dismissal unlawful

Former Police Superintendent Simon Mc Bean, who took the Police Services Commission (PSC) and Attorney General (AG) to Court for wrongful dismissal in 2009, was able to breathe a sigh of relief late last week following an Appeals Court ruling that agreed with his civil suit.

Justices Rafiq Khan, Arif Bulkan and Rishi Persaud ruled in favour of Mc Bean, who appealed former Acting Chief Justice Ian Chang’s decision to dismiss his case against the PSC when the matter came up at the High Court.
Having declared that his dismissal was unlawful, the court will soon make a determination relative to how much the former senior rank will be paid in damages and benefits.
Mc Bean was represented by attorneys Patrice Henry and R. Satram. The appellant’s legal team argued that their client was not afforded a hearing, as provided for under the Police Disciplinarily Act, Chapter 17:01.
The State was represented by State Counsel for the Attorney General’s Chambers, Judy Stuart-Adonis. She related the State’s contention that Mc Bean had effectively terminated his employment by leaving the country.
In 2009, Mc Bean received a dismissal letter months after his return to Guyana. The letter was backdated to December 25, 2007. The civil case stemmed from him reading for a Master’s Degree in Global Security and Policing at the United Kingdom’s University of Leicester, having studied there from October 2007 to September 2008. His legal documents detailed that, before leaving, he had applied for leave via request to the PSC, but never got a response. It was stated that Mc Bean then asked to be granted no-pay leave, but that also was not granted. He did, however, receive three-month accumulated leave.
After his one year study, the applicant resumed duty in September 2008, until he was dismissed in September 2009, with the letter dating back to Christmas Day 2007. The PSC had contended that Mc Bean was not authorised to participate in the UK-based programme.