By Zoisa Fraser
Almost 10 years after being wrongfully dismissed from the Guyana Police Force (GPF), Simon McBean was yesterday reinstated by the Police Service Commission (PSC) and he will retain the rank of Superintendent for the time being.
In confirming the reinstatement of McBean, who up until recently resided abroad, PSC Chairman Paul Slowe told Stabroek News that this decision came following discussions between the rank’s attorney, Patrice Henry, and the Attorney General’s Chambers.
The then 35-year-old father of one had received marching orders in 2009, almost a year after he had already returned to Guyana from studies abroad and resumed duties. It was alleged that he made an unauthorised decision to proceed on “no pay leave” to further his studies.
Having secured a scholarship from a field of 250 applicants to pursue a Masters Degree in Global Security at the University of Leicester in the United Kingdom (UK), McBean said he applied for study leave to cover the academic year between October 1st, 2007 and September 30th, 2008.
At the time of his dismissal, he had already dedicated 17 years of his life to the force.
Slowe indicated that earlier in the day, McBean received his reinstatement letter and he later reported to the acting Top Cop, who will determine his assignments. He reminded that McBean had successfully challenged his dismissal in the courts and added that during the negotiations between McBean’s attorney and the Attorney General’s Chambers “they came to an agreement for him to be instated if the Commission was so inclined and Simon McBean indicated that he would be willing to be reinstated and therefore we acted on that.” According to Slowe, who is a retired Assistant Commissioner of Police, the reinstatement takes effect from the day that he was dismissed and therefore McBean is entitled to all his benefits from then to now.
Citing previous cases, Slowe stressed that “reinstatement is not something that has not occurred before.”
Stabroek News reached out to McBean for a comment yesterday, but he would only confirm his reinstatement.
In April last year, the Court of Appeal unanimously overturned an earlier decision made by the High Court. The State, the respondent in the case, had opted not to appeal the ruling and this newspaper was told that there were no plans to do so.
In court documents, McBean had said he got no response from the Police Service Commission (PSC) regarding his request. According to him, he thereafter made an application for no-pay leave, but again received no response.
As a result, McBean said he applied for and was granted his three-month accumulated annual leave, upon which he proceeded before thereafter travelling to London to pursue his studies.
The dismissed officer had said that while abroad, he was diagnosed with post-traumatic stress disorder and was advised by the doctor to “stay on and finish the degree since it would help to improve my condition.”
McBean returned to Guyana on September 14th, 2008, after completing his studies and resumed normal duties until he received a dismissal letter on September 4th, 2009, informing him that his services had been terminated as of Christmas Day of 2007—the day after his three-month annual leave ended.
An aggrieved McBean, who thereafter took the PSC to court for wrongful dismissal, argued that while it cited that he was being dismissed for breach of regulation, it never said what regulation was breached.
Appellate judges Rishi Persaud, Arif Bulkan and Rafiq Khan unanimously agreed that it was undisputed that McBean had no hearing, notwithstanding the procedures laid out in the PSC Rules and the Police Disciplinary Act.
In those circumstances, the Court allowed the appeal and remitted the matter to the High Court for assessment on quantum of damages and superannuation benefits, which would have accrued, having declared that he had been wrongfully dismissed. No costs were awarded by the court.
McBean has always professed his love for law enforcement and was adamant that whatever action he took was done with the interest of the force in mind.
Days after the Court of Appeal ruling, he told this newspaper that he would have to consult with his family and lawyer and take into consideration the offer put forward before making a decision to return. “If I’m offered back the job is a tantalising question …it will be premature to answer,” he noted.
Following his dismissal, Mc Bean received an outpouring of support from law enforcers and members of the public.
