Justice Gino Persaud this afternoon ruled that President Irfaan Ali’s decision to suspend members of the Police Service Commission (PSC) was was unlawful, ultra vires and of no legal effect.
The judge also said that the President, as a condition precedent to suspension as is required by the constitution needed to consult with the Judicial Service Commission (JSC) for the establishment of a tribunal to examine the need for suspension. He said that the fact that there was no JSC in place at the time cannot be used as an excuse by the State. “That is the President’s burden to bear”, Justice Persaud said.
In the action before Justice Persaud, Paul Slowe and the members of the previous PSC who were suspended by President Ali in 2021 challenged that decision and sought a number of declarations, including that the Commission’s Secretary 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.
They also wanted the Court to nullify President Ali’s suspension of the Chairman and members of the Commission.
Justice Persaud heard arguments from the parties in January and said that he would rule on the matter on March 24th, 2023.
