Chief Justice seeking clarification ahead of June 28 ruling in Police promotion case

Acting Chief Justice Roxane George on Friday sought more clarification on issues regarding a challenge mounted by Senior Superintendent of Police Calvin Brutus against the Police Service Commission (PSC) promotion of senior officers for 2020.
In December 2020, Brutus through his lawyer, CV Satram, moved to the High Court to challenge, among other things, the PSC’s refusal to promote him to the rank of Assistant Police Commissioner. He contended that he is being bypassed for promotion even though he was recommended by the Commissioner of Police and owing to frivolous allegations of indiscipline against him for which he has not been called upon to defend.

During a further hearing on Friday, Justice George grilled Satram on concerns she had about the orders and declaration he was seeking against the PSC. According to her, some of the reliefs were “very wide in breadth”.
For instance, she had some queries about Brutus’ request for a declaration that the policy of the PSC not to promote or consider for promotions, ranks with disciplinary matters is irrational and unlawful.
The Chief Justice asked whether the PSC did indeed refuse to promote Brutus given that there was no evidence before the court of the confirmed list of promotion. Satram made an application to lead fresh evidence to have the court consider what he described as “this is the list we got.” According to the lawyer, certain assertions by PSC Chairman, Retired Assistant Commissioner Paul Slowe confirmed that a decision was made to promote his client, but a list was finalised and released to the contrary.
“This is the list we got; this is the final list. The evidence we seek to introduce will confirm it is the final list. There was a final list, whether this is that [confirmed] list, is a separate question, the PSC, of course, can confirm that, but they have refused to do so,” he submitted.
It was put to Satram by the Chief Justice that other parties in the matter are contending that the list was leaked. Brutus’s counsel, nevertheless, admitted “I cannot say to you that this is a confirmed list.” He, however, argued that the list he intends to rely on confirms that it is the policy of the PSC not to promote officers with pending disciplinary matters. “If there is direct evidence in this matter, then we are obliged to introduce it,” Satram said.

But, with no evidence before her to prove that this was indeed the confirmed list, Justice George questioned its authenticity. She, therefore, rejected Satram’s application, “I don’t think the information on the notice of application is absolutely necessary for the determination of this matter,” she held.
Meanwhile, Deputy Solicitor General Deborah Kumar, on behalf of Attorney General Anil Nandlall – one of the named respondents, relied on her written submissions in which she argued that no decision was taken by the PSC regarding promotion as this would have culminated in an official list. As far as she is aware, Kumar said that no such list was officially released.
Moreover, Attorney-at-Law Dexter Todd, who is representing those senior officers who were added as interested parties, said that the evidence Satram seeks to introduce “is nothing new since it has already been a part of the matter.”
Todd submitted that Satram’s application would only further delay the matter “a matter that I am sure your honour [the Chief Justice] wants to bring to finality.” With his application dismissed, Satram maintained that the PSC has a blanket policy of refusing to promote officers with pending disciplinary matters. Justice George will render her ruling on June 28 at 13:30h.
The matter would have started when Brutus complained to the High Court that he is being bypassed for promotion due to frivolous accusations even though he was recommended for promotion by the Commissioner of Police. Following the initial challenge, several other senior officers were added as interested parties.
Brutus, among other things, is seeking an order of certiorari quashing, nullifying, and/or cancelling the decision of the PSC to promote Senior Superintendents of Police Edmond Cooper, Phillip Azore, and Kurleigh Simon, who like him, have pending disciplinary matters, to the rank of Assistant Commissioner over him.
“The allegation was essentially that I wrote the [then] Minister of State without the permission of the Commissioner of Police,” Brutus complained in an affidavit. According to Brutus, the three ranks who were promoted in front of him are facing more serious allegations.
In an affidavit, Brutus outlined that his colleagues are facing disciplinary and/or criminal investigations for dereliction of duty, facilitation of unlawful activities, perverting the course of justice, corruption by a public officer, among other offences.
“The difference in treatment of ranks who found themselves in the same grouping was substantially and fundamentally unfair, unreasonable, unequal, and discriminatory,” he argued.
According to Brutus, the pending allegations of indiscipline were an irrelevant consideration in the circumstances of his promotion, since he is entitled to the presumption of innocence more so in light of the failure of the PSC to conclude all investigations expeditiously.
Against this backdrop, he argued, too, that the PSC committed an error of law and violated the principle of legality when it acted in a manner that was incompatible with his fundamental right to equality of treatment guaranteed under Article 149 (D) of the Constitution of Guyana.
“The decision of the PSC was an abuse of power. It was an abuse of power and/or an improper exercise of the powers for the PSC to ignore the recommendations of the Commissioner of Police and its own established practice,” said Brutus, who joined the Police Force in March 1994.
Brutus noted that he is suitably qualified for and entitled to the promotion as he is better academically qualified than the ranks promoted in front of him. Brutus deposed that he is the holder of a Bachelor of Laws and a degree in Public Management from the University of Guyana.
Apart from these, he added that he has a Master of Business Administration, a Doctorate in Organisational Development, and is currently pursuing his Legal Education Certificate at the High Wooding Law School in Trinidad. Besides asking the Court to grant an order overruling the PSC’s practice of not promoting officers with pending disciplinary matters, Brutus is seeking a consequential order directing the PSC to appoint him to the office of Assistant Commissioner.
In the meantime, a conservatory order granted by the Chief Justice last December blocking the promotions by the PSC remains in effect until she renders her ruling later this month.