A five-month-old court case that has been hampering the promotion of several senior Police ranks could be resolved on Monday, May 24, 2021, by Chief Justice Roxane George, SC. This was the tentative date set on Friday by Justice George for ruling in the matter.
Chief Justice Roxane George, SC
The case was filed in December 2020 by Senior Superintendent Calvin Brutus, who alleged that he is being bypassed by the Police Service Commission (PSC) for promotion to the rank of Assistant Commissioner due to frivolous allegations of indiscipline levelled against him for which he has not been called upon to defend.
At another hearing on Friday which was set for clarifications and/or directions, Justice George said that though given a chance to come to an amicable resolution in the matter, the parties have been unable to do so. In this regard, she noted that a speedy conclusion to the matter is now necessary given the nature of the case and the fact that “it has been going on for a little while.”
At a hearing in early January, Attorney General Anil Nandlall, SC, who is among named respondents in the case, had indicated that he was engaging Chairman of the PSC, Assistant Commissioner of Police (retired) Paul Slowe, and several aggrieved Police Officers on the possibility of arriving at a resolution outside the judicial system.
Senior Superintendent of Police Calvin Brutus
But at a subsequent hearing, Deputy Solicitor General Deborah Kumar told Justice George, “Despite strenuous efforts and the parties meeting, regrettably I am to inform this honourable court that we have not made progress in the matter.”
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 has moved to the High Court seeking among other things, an order of certiorari quashing, nullifying, and/or cancelling the decision of the PSC to promote three Senior Superintendents of Police to the rank of Assistant Commissioner over him.
According to Brutus, the three ranks who were promoted in front of him are facing more serious allegations.
Chairman of PSC, Assistant Commissioner of Police (retired) Paul Slowe
In an affidavit, the senior Police rank 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.
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.
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. Apart from asking the Court to grant an order overruling the PSC’s practice of not promoting officers with pending disciplinary matters, Brutus wants the Court to award him damages, costs, and such further and other orders.
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 next month. (G1)
