Challenge to constitutional appointments, promotions: Opposition, Slowe ask Chief Justice for “urgent hearing” on applications filed

Through their attorney-at-law, Retired Assistant Commissioner of Police Paul Slowe and the parliamentary Opposition have requested urgent hearings from Chief Justice Roxane George in applications that have been filed challenging constitutional appointments and promotions.

Slowe had taken action in a bid to block the promotion of 132 senior officers of the Guyana Police Force. On the other hand, Norton has challenged the appointment of the new Police Service Commission.
The APNU/AFC coalition also challenged the appointment of acting Top Cop Clifton Hicken in a lawsuit filed by Opposition Chief Whip Christopher Jones.

Attorney-at-Law Selwyn Pieters penned, “We are requesting an urgent omnibus hearing of these applications so that the appropriate orders may be made to ensure the applicants’ rights, interests and remedies are not prejudiced.”

The most recent application was filed by Slowe, asking a Judge to grant an injunction restraining the PSC from promoting officers until his legal challenge to President Dr Irfaan Ali’s June 2021 suspension of the PSC is determined.
President Ali had suspended the PSC after its Chairman, Paul Slowe, and a Commissioner, Clinton Conway, were slapped with fraud charges. They, along with other retired and serving members of the GPF, have been implicated in a $10 million fraud over duties delegated to them for revising the Police Force’s raft of Standing Orders. It is alleged that they collected payments amounting to $10 million, but never provided the Force with a raft of revised Standing Orders.

In addition, Slowe is facing three counts of sexual assault. It is alleged that on three occasions in 2019, at Police Headquarters, Eve Leary, Georgetown, he sexually assaulted a senior Policewoman.
The suspension, Slowe added, prompted the Commissioners to file a Fixed Date Application (FDA) seeking, among other things, a declaration that the President’s suspension of the PSC was contrary to, in violation of, and ultra vires the Constitution, and therefore was of no force or effect; an order directing the Commission’s Secretary to prepare formal letters to the ranks named on the official promotions list, informing them of their promotion; and an order nullifying the President’s suspension of the Chairman and members of the Police Service Commission.

The retired cop, in his new case, told the High Court that he was advised by his lawyers, and verily believes, that the injunction would assist in preserving the status quo of the pending proceedings. He reasoned that should the injunction be refused, the reconstituted PSC would be allowed to promote officers, causing inevitable difficulty at the end of the pending matter.
The former PSC Chairman further pointed out that if the injunction is not granted, and this matter is subsequently completed and the previous promotions on the past list are effected, there would be inevitable issues as to which officers are of a higher rank than others, if the promotions would be backdated, and there would be future problems as to who will be entitled to be Commanders and even the Commissioner of Police.
Slowe contended that under the Civil Procedure Rules, the High Court has the authority to grant an interim injunction restraining the PSC from promoting members of the GPF until the hearing and determination of the other matter.
On May 31, President Ali swore in the members of the PSC at the Office of the President. They are Attorney-at-Law Mark Conway, businessmen Ernesto Choo-a-Fat and Hakeem Mohammed, and Pastor Patrick Findlay, who will serve as Chairman.
Shortly after the members took the oath of office, Opposition Leader Aubrey Norton threatened to take legal action, citing that President Ali was carrying out constitutional duties without engaging him. But the President responded by stating that the development of the country will not be held hostage by political objects.
The PSC is a constitutional body established under Article 137 (1) of the Constitution, and has been given the authority under Article 212 (1) subject to the provisions of Article 211 (1) to make appointments to any office 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.