High Court blocks Police Service Commission promotions

Chief Justice (ag) Roxane George on Friday granted an order blocking the promotion of several Police ranks to Assistant Commissioner by the Police Service Commission (PSC) until hearing complaints of discrimination levelled by Senior Superintendent Calvin Brutus. The PSC is chaired by Assistant Commissioner of Police, Paul Slowe.

Brutus has complained to the High Court that he is being bypassed for promotion to the rank of Assistant Commissioner of Police, even though he was recommended for promotion by the Commissioner of Police. He claims that he is being overlooked for promotion owing to frivolous allegations of indiscipline levelled against him for which he has not been called to defend himself.
According to Brutus, he and five other officers, among them Senior Superintendents Wendell Blanhum (Crime Chief); Ravindranauth Budhram; Errol Watts and Fazil KarimBaksh (Head of the Special Organised Crime Unit) were recommended for promotion to Assistant Commissioner by the Top Cop. However, Brutus says that the PSC has bypassed him and KarimBaksh and has taken a decision to promote Blanhum, Budhram, Watts, Edmond Cooper, Phillip Azore, and Kurleigh Simon to the rank of Assistant Commissioner of Police.

Presumed innocent

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. He pointed out: “The allegation was essentially that I wrote the [then] Minister of State without the permission of the Commissioner of Police.”
In his Fixed Date Application (FDA), Brutus said that it has been a practice for the PSC not to promote Police Officers with pending disciplinary complaints regardless of the nature or seriousness of such complaints. “Trivial and unsubstantiated complaints have been accorded the same weight as grave or serious allegations of indiscipline in denying promotion to those against whom disciplinary complaints have been lodged with the Commission.”

In October 2019, Brutus stated that it was alleged by the Deputy Commissioner for Administration that he committed a breach of discipline. The PSC appointed Assistant Commissioner Royston Andries-Junor to investigate the allegation. But according to him, he was not served with a breach of discipline notice until October 2020, and the investigation has not progressed beyond this point. In a letter dated December 17, 2020, Brutus stated that he called on the PSC to ignore the allegations of indiscipline against him in considering his appointment to Assistant Commissioner of Police. He complained that he further called on the PSC to be heard before any decision is taken to deny him the promotion.
The PSC responded in a letter dated December 21, 2020, asserting its constitutional independence and citing its commitment in ensuring that investigations are concluded expeditiously, Brutus stated in his application before the High Court. But Brutus claims that no meaningful attempt was made by the PSC to answer the allegations raised in his letter.

Discriminatory
Brutus contends that the decision of the PSC to promote the above-named Senior Superintendents of Police who also has pending disciplinary issues and who had served less time than him in the rank of Senior Superintendent is discriminatory, unequal and proportionately unfavourable to him. Brutus informed that Senior Superintendent Cooper is facing disciplinary and/or criminal investigations for dereliction of duty and facilitation of unlawful activities; Senior Superintendent Azore is facing disciplinary and/or criminal investigations for perverting the course of justice, dereliction of duty, and other offences, and Senior Superintendent Simon is facing disciplinary and/or criminal investigations for corruption by a public officer.
Against this backdrop, he argues 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 149D of the Constitution of Guyana. Also, he argues that the decision not to promote him in the circumstances is an act of punishment as the PSC has no good cause or reason to deny him a promotion.
“The decision of the Commission was an abuse of power. It was an abuse of power and/or an improper exercise of the powers for the Commission to ignore the recommendations of the Commissioner of Police and its own established practice. The difference in treatment of ranks who found themselves in the same grouping was substantially and fundamentally unfair, unreasonable, unequal, and discriminatory.”
According to him, he is suitably qualified for and entitled to the promotion. “I am also better academically qualified than the above ranks [Cooper, Azore and Simon].”
Brutus, in an Affidavit in Support, stated that he is currently performing duties of Deputy Commissioner (Administration) at Police Headquarters, Eve Leary, Georgetown. In court documents seen by this publication, he stated that he joined the Police Force on March 24, 1999. He is the holder of a Bachelor’s Degree in Public Management and Bachelor of Laws Degree – both awarded by the University of Guyana.
Apart from these, he is also the holder of a Master’s Degree in Business Administration, a Doctorate in Organisational Development and is currently pursuing his Legal Education Certificate at the High Wooding Law School in Trinidad. Brutus stated that he has also completed several technical programmes with the Guyana Police Force.
In the circumstances, Senior Superintendent Brutus is seeking several administrative orders from the court. Among them is an order of Certiorari quashing, nullifying, and/or cancelling the decision of the PSC to promote Senior Superintendents Cooper, Azore and Simon to the office of Assistant Commissioner of Police. He is also seeking an order of Prohibition prohibiting the Commission and its members from promoting them to the rank of Assistant Commissioner of Police. Brutus is asking the court to grant an order overruling the PSC’s practice of not promoting officers with pending disciplinary matters.
In addition, he is also asking the court to award him damages, interests pursuant to the Law Reform Miscellaneous Provisions Act on all sums awarded; costs; and such further and other orders as may be just. Attorney General Anil Nandlall has been named as a respondent to these proceedings. Brutus is being represented by Attorney-at-Law CV Satram.
This matter comes up for another hearing on January 12, 2021, at 10:00h before the acting Chief Justice.