…describes letter to Persaud as constitutional violation
Government’s instruction to Police Commissioner Seelall Persaud that he return to leave just as it had expired is not going down well among legal minds. In fact, it is being described as a poorly veiled coup d’état to unseat the Top Cop, with no basis in the law.
Former Attorney General Anil Nandlall
According to former Attorney General Anil Nandlall, Public Security Minister Khemraj Ramjattan has no legal authority to write to Persaud instructing him to take his leave. The fact that he did this violates Article 225 of the Constitution.
“The Office of the Commissioner of Police is one of those offices created by the Constitution which is insulated by a strong apparatus of constitutional protection against any form of interference and influence, emanating from the executive government,” Nandlall stressed, in his analysis.
“Mr Seelall Persaud, as the Commissioner of Police, does not hold office at the opinion and pleasure of this government. He holds office under the Constitution of Guyana and enjoys security of tenure.”
Noting that even President David Granger cannot do what Ramjattan did, Nandlall noted that it was only a few days ago that acting Chief Justice Roxane George ruled that a letter from Minister of State, Joseph Harmon to the Police Service Commission was unconstitutional.
“Firstly, it was Carvil Duncan. Then it was the Registrar of Deeds. Then, the Deputy Solicitor. Now it is the Commissioner of Police. Next, it might be a judge who rules against them. Authoritarianism will never triumph in today’s free, liberal world,” Nandlall said.
Public Security Minister Khemraj Ramjattan
Constitution
Article 225 of the Constitution of Guyana outlines that “Where it is provided in this Constitution that this article shall apply to any office, a person holding such office (in this article referred to as “the office”) shall not be removed there from or suspended from the exercise of the functions thereof except in accordance with the provisions of this article; and the prescribed authority for the purpose of paragraph (4) or (6) shall, in relation to any office, be the authority prescribed for that purpose by the provision of this Constitution by which this article is applied to that office.”
It goes on to say: “The officer may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind of any other cause whatsoever) or for misbehaviour.”
It also says: “The officer shall be removed from office by the President if the question of his removal from office has been referred to a tribunal appointed under this article and the tribunal has recommended to the President that the officer ought to be removed from office for inability as aforesaid or for misbehaviour.”
The Police Commissioner was sent on “special leave” on November 24, 2017 – the day he was slated to return to his duties following four months of annual leave.
Persaud received a very short letter from Public Security Minister Ramjattan stating that “it is the considered opinion of the Administration that you [Persaud] should be and you are hereby directed to proceed on special leave with effect from November 24, 2017 until further notice.”
President Granger on Wednesday last told media operatives that when Top Cop Persaud returned from his leave in January, his fate would be decided. He claimed that his Administration simply “insisted” that the leave due to Persaud be enjoyed rather than be cut short.
The President also maintained that there was nothing “abnormal” about the Commissioner being sent on additional leave, highlighting that “we said that public servants must enjoy their leave when it is due and this encourages the development of a good career system in which the subordinates are allowed to act”.
But Persaud’s leave came following the March 2017 alleged assassination plot, in which businessman Andriff Gillard reported to the Police that his friend and neighbour Nizam Khan offered him $7 million to assassinate President Granger.
He said that the offer was made during a conversation between Khan and himself after he approached Khan to borrow $6 million to purchase a property.
Following the allegation, President Granger ordered an inquiry into the Police’s investigation of the allegation. Upon concluding the Commission of Inquiry (CoI), retired Police Commissioner Paul Slowe submitted a report to President Granger.
Ruling that the Police Force deliberately failed to conduct a diligent investigation into the allegation, Slowe had recommended the firing of the Police Commissioner.
Persaud is reportedly a close friend of the brother of Nizam Khan – the accused. The CoI also recommended sanctions and removal of other senior ranks.
