(Trinidad Express) As legal sources raised doubt over the validity of the Emergency Powers Curfew Order 2011 yesterday, the Police Service Commission (PSC) moved to remedy a potential problem by appointing Stephen Williams as acting Police Commissioner.
The Commission’s appointment came at least 20 hours after Williams signed the Curfew Order purporting to be “acting Commissioner of Police” when he was not yet appointed to the position.
The Curfew Order must be signed by the Commissioner of Police, or someone who is validly appointed at act in this position. The Commission is the only body which is competent in law to make this appointment.
Last night in TV6 News Attorney General Anand Ramlogan confirmed that Williams’ letter of appointment was August 23 (yesterday’s date). But when asked if this meant that any aspect of the State of Emergency or curfew was invalid, Ramlogan insisted that Williams was “validly appointed”. The curfew order was signed on Monday, August 22.
Senior Counsel Dana Seetahal, speaking in her private capacity, said the validity of the curfew order would be in jeopardy if Williams was not appointed to act by the Commission. However she said if he is retroactively appointed, it would “clean up the mess”.
The Commission in a strongly worded release yesterday publicly rebuked the two top members of the Police Executive—substantive Commissioner Dwayne Gibbs and his deputy Jack Ewatski, expressing concern that Gibbs and Ewatski left the country without properly informing the commission.
“The Police Service Commission wishes to signal its alarm and concern over the procedure and protocol employed by the Commissioner of Police for his leave of absence from the country and his possible leave of absence from duty in the Office of Commissioner of Police. We are also now informed that Deputy Commissioner Ewatski is also out of the country and we again express our concern…Neither of these two gentlemen have sought to notify us properly of their absences,” the Commission stated.
The Commission also noted that it had to learnt via media reports (exclusively carried in yesterday’s Express) that Gibbs were actually detained and held for some hours in Brazil, where he went to attend a conference. “We as yet have heard nothing from Commissioner Gibbs in relation to this incident, which by media reports, appears to be a tremendous embarrassment not only to the Police Service…and by extension the Police Service Commission, but also to the entire nation of Trinidad and Tobago as it appears that his detention may have been the result of Commissioner Gibbs not having a visa for such entry into Brazil”.
The Commission lamented that both Gibbs and Ewatski have been conspicuously absent from the forefront of the current arrangements relating to the State of Emergency and the accompanying policing arrangements. “The Police Service Commission has been provided with no forwarding address for these two gentlemen, nor any overseas contact telephone numbers for them,” it said.
It noted that Williams had been in a lead role in these arrangements in what is in effect a depleted Police Service Executive. It noted with concern that Williams, “through no fault of his own”, has been referred to in the media as the Acting Commissioner of Police. But it stressed that “due to the lack of proper procedures and protocol” (as a result of Gibbs not properly informing the Commission of his absence), the Commission “has had no prior opportunity to make the appointment of Deputy Commissioner Williams to act as Commissioner of Police for the time that Commissioner Gibbs has been out of the country.
The Commission said it observed via the media that a Legal Notice No. 164- the Emergency Powers Curfew Order 2011—was issued under the hand of Williams “purporting to be the Acting Commissioner of Police”. In an apparent criticism of Williams, the Commission said it wanted to “caution all parties involved of the need to observe the policies and procedures and timelines as set out in the Constitution for the making of these appointments and arrangements as there can be serious implications and consequences”.
The Commission said it was seeking to get from Gibbs and Ewatski their objectives and goals for the Police Service during this period, especially since it had to give the assurance to the population that the police would conduct themselves in a manner that is “fair, balanced and humane, with the fullest respect for the dignity of persons and their property and devoid of excesses and abuses of power”.
It said it was giving Gibbs and Ewatski the “fullest opportunity” to be heard and would be writing to them to ask them to explain and account for their absences as well as to be informed of their objectives, goals and plans.
The Commission pointedly referred to the fact that it could terminate the services of the Commissioner or Deputy CoP:
a) where the officer is absent for seven consecutive days, during which he has failed to notify the Commission of the cause of his absence, whether he holds a permanent, temporary or contractual appointment
b) for breach of contract and
c) reported inefficiency based on his performance appraisal reports, after giving him an opportunity to be heard.
The Commission said it intended to complete the appraisals of both Gibbs and Ewatski in the near future and it would report to the public accordingly.
