The annual promotion of ranks within the Guyana Police Force (GPF) was put on hold yesterday after Acting Chief Justice Roxane George-Wiltshire granted an order blocking the ascent of several senior members within the force to the rank of Assistant Commissioner of Police.
Senior Superintendent of Police Calvin Brutus has moved to the High Court to block the promotion of several senior ranks, who were listed for promotions ahead of him despite disciplinary matters pending against them.
He is asking the court to overrule the Police Service Commission (PSC) practice of prohibiting the promotion of ranks who have pending disciplinary matters.
Brutus’ contention is that the decision to promote other ranks with disciplinary complaints whilst denying his promotion is “unfair, irrational, arbitrary and unreasonable.”
The application was called yesterday morning for hearing before Acting Chief Justice Roxane George-Wiltshire who granted an order that the status quo in the GPF remain until the next hearing on January 12th, 2021.
During the hearing yesterday, Attorney General Anil Nandlall SC, who is representing both the Commissioner of Police and the PSC, reported to the court that the matter does not seem to be confined to Brutus but rather affects a number of other high ranking officers.
Nandlall said he understands that other ranks have also filed similar complaints.
As such, he asked the court for an opportunity to receive further instructions in relation to the matters. As such, the order was granted.
Nandlall also expressed his hope that the matter is resolved.
“…..It cannot be healthy for both the police force and the PSC for there to be such open ventilation, public ventilation of whatever is lingering or sitting between the parties,” Nandlall said.
“These are not matters that, I believe, should be contested. I don’t believe that it helps the police force which is so important to the administration of justice to have these matters ventilated publicly and it must have reached this stage as a result of a real serious breakdown between the institutions,” Nandlall told the court.
The Chief Justice agreed with Nandlall and noted that if the matters are resolved, none of the ranks involved would suffer any loss.
“I do appreciate what the Attorney General has said that one doesn’t want to have discord in such an important institution as the Guyana Police Force,” she noted.
In his application to the court, Brutus is asking to court to make a declaration that the policy of the PSC not to promote or consider for promotion ranks with pending disciplinary matters before it is unlawful; a declaration that he is entitled to be promoted to the office of Assistant Commissioner of Police and an order cancelling the decision of the PSC denying his appointment to the office of Assistant Commissioner of Police
He also requested an order cancelling the decision of the PSC to promote Edmond Cooper, Philip Azore and Kurleigh Simon, Senior Superintendents of Police, to the office of Assistant Commissioner of Police and to compel the PSC to reconsider its decision not to promote him to Assistant Commissioner of Police He stated that a number of the ranks who are down to be promoted also have disciplinary matters before them dating as far back as 2016. His matter is dated 2019 Brutus was appointed to the rank of Senior Superintendent of Police in 2015.
In October, 2019 it was alleged by the Deputy Commissioner – Administration that Brutus committed a breach of discipline.
As a result, the PSC had appointed Assistant Commissioner Andries-Junor to investigate the allegation.
A breach of discipline notice was not served upon the Applicant until October, 2020. Brutus is arguing that the investigation has not progressed since then.
In keeping with its practice the Commission failed to consider and/or denied the Applicant promotion to the office of Assistant Commissioner of Police relying on the said allegation of indiscipline.
Police promotions are usually announced at midnight on the last day of every year.
