The Full Court has ordered a stay of the hearing of the Police Service Commission’s (PSC) challenge to the suspension of its Commissioners by President Irfaan Ali and the non-promotion of ranks.
Back in March, Justice Gino Persaud had ruled that the challenge could proceed, and that former Chairman of the Commission, retired Assistant Commissioner of Police Paul Slowe, had sufficient grounds to stand in place of the then expired Commission.
Dissatisfied with that ruling, however, Attorney General Anil Nandlall SC filed an appeal to the Full Court, which last Thursday granted his request for a stay of Justice Persaud’s ruling, until the appeal of Justice Persaud’s decision has been fully heard and determined.
Following his ruling, Justice Persaud had ordered both sides to file and serve written submissions no later than yesterday, after which a date would have then been fixed for oral addresses.
Given the grant of the stay, however, proceedings before Justice Persaud are now at a halt.
At the stay-hearing last Thursday, the Full Court ordered the parties to file concurrent submissions by May 10 and to reply no later than May 13.
In his appeal seeking to set aside/reverse Justice Persaud’s ruling, Nandlall is contending among other things that the judge misinterpreted, and misapplied “the important” doctrine of public interest litigation, to such an extent that it resulted in a “grave” miscarriage of justice.
To the other aspect of Justice Persaud’s ruling, which found the former Chairman of the Commission as having sufficient standing in the case, to substitute as applicant for the now-expired body, Nandlall contends that the judge also misdirected himself.
He described the ruling as “misconceived, and erroneous in law,” and a violation of the separation of powers, arguing that it undermines the independence and functional autonomy of the PSC as guaranteed by the Constitution.
The Fixed Date Application (FDA) had predated the August 8th, 2021 expiration of the Commission.
Nandlall’s position has been that because the life of the Commission had expired, the challenge ought to have been struck out.
Attorney Dexter Smartt, appearing for the Commission, has argued, however, that notwithstanding the Commission’s expiration, the application could still be heard, especially because it raises important constitutional matters of public interest which need final determination.
By way of its FDA, the PSC sought 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 President Ali’s suspension of the Chairman and members of the Commission.
Back in September of last year, Slowe wrote Police Commissioner Nigel Hoppie directing that he honour the promotions list published by the constitutional body on June 28th, of last year or risk legal action.
Hoppie had acknowledged receipt of Slowe’s ultimatum but there was no compliance.
The promotions list was made public just one hour after Chief Justice (ag) Roxane George 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. The PSC is yet to be reconstituted.
