High Court Judge Gino Persaud has said that he will first hear and determine the application filed by Attorney General Anil Nandlall SC to strike President Irfaan Ali’s name from the action brought by the Police Service Commission (PSC) regarding the annual promotion of police officers, before dealing with the substantive matter.
To the action which lists President Ali as a respondent, Nandlall has filed a notice-of-application in which he seeks to have the president struck from being a party to the proceedings.
The AG argues that being immune from suit, the President ought not to have been named in the action, as it contravenes Article 182 of the Constitution as well as Section 10 of the State Liability and Proceedings Act (SL&PA).
Nandlall has argued that pursuant to Article 89 of the Constitution, all actions brought against the President in his capacity as Head of State should only name the Attorney General (AG).
Justice Persaud has set Monday August 16th to hear arguments on Nandlall’s application which he said the Court will deal with before going on to consider the substantive FDA filed by the PSC.
In its action against Police Commissioner (ag) Nigel Hoppie over his continued refusal to effect the promotions announced last month, the PSC lists Ali among a number of other persons, as respondents.
In its Fixed Date Application, the PSC is seeking a number of declarations—among them— for the Commission’s Secretary to be directed to prepare formal letters to the ranks named on the official list of promotions compiled and signed by the Commission on June 28th, 2021 informing those ranks of the Commission’s decision to promote them and for the court to nullify Ali’s suspension of the Chairman and members of the Commission.
More than a month ago, Chairman of the Commission, Paul Slowe wrote Hoppie directing that he honour the promotions list published by the constitutional body on June 28th or risk legal action. Hoppie has acknowledged receipt of Slowe’s ultimatum but is still to comply.
The promotions list was made public just one hour after Chief Justice (ag) Roxane George-Wiltshire had dismissed a challenge which had delayed the promotions for more than six months.
Days before the Chief Justice (CJ) handed down her ruling, however, President Ali by letters dated 15th June, 2021 issued orders purporting to suspend the five-member Commission which included Slowe, retired Assistant Commissioner of Police Clinton Conway, Claire Jarvis, Michael Somersall and Vesta Adams.
Stemming from the CJ’s June 28th ruling, however, Slowe called on the Top Cop to effect the promotions.
In his letter, Slowe upbraided Hoppie for failing to prepare the promotion order so that the promoted ranks and other members of the Force could be informed of the promotions.
