Dear Editor,
The not lawfully and duly constituted Police Service Commission led by its Chairman, Bishop Patrick Findlay and Secretary Jaigobin Jaisingh is apparently flagrantly violating the ruling of the Chief Justice. Flashback! On August 23, 2022 the Chief Justice ruled in Aubrey Norton v Attorney General et al 2022 – HG – DEM – CIV – FDA – 902 that, “In order for the Police Service Commission to exercise any of its powers, functions and or duties conferred on it by the Constitution of Guyana, it is a mandatory requirement that upon the constitution of the Public Service Commission subsequently to the expiration of the life and or term of the appointment of the previous Police Service Commission that a Chairman of the Public Service Commission be appointed a member of the Police Service Commission in pursuance of article 210 (1) (b) of the Constitution of Guyana.” No stay of Judgment was sought or granted. There is no Public Service Commission. Hence, no Chairman to be appointed as a member of the Police Service Commission.
Therefore, the not lawfully and duly constituted Police Service Commission has no authority to act in respect of promotions, discipline or any other duties conferred on it by the Constitution of Guyana. It cannot be business as usual for the Commission.
However, recently a deputy superintendent of police received a letter from the not lawfully and duly constituted Police Service Commission. Many letters of a similar nature may have been recently issued by the Commission. The letter in question has the letter head of the Police Service Commission. It was dated 23.03.17 and purportedly signed by Mr. Jaigobin Jaisingh, Secretary of the Police Service Commission. There was also the Public/ Police Service Commission Secretariat stamp on the letter. The correspondence informed the officer that as a result of a recommendation received from the Commissioner of Police and the advice from the Commission’s Legal Officer, the Police Service Commission took a decision to proceed with a disciplinary hearing against him in relation to alleged breaches of discipline committed by him, that is to say he disobeyed a lawful order given to him by a superior in rank and neglected his duty contrary to the Police (Discipline) Act Chapter 17:01. Article 212 (1) of the Constitution of Guyana gives the Police Service Commission the power to make appointments to any office in the Police Force of or above the rank of Inspector, the power to exercise disciplinary control over persons holding or acting in such offices and power to remove such persons from office. It is pellucid that such power is vested in no other entity, or even the Commissioner of Police. The Commission also unconstitutionally delegated the following officers to conduct the disciplinary hearing: Assistant Commissioner of Police, Khali Pareshram, Chairman; Superintendent Khalid Mandall, Member; and Superintendent Krishandat Ramana, Presenting Officer. Wow!
It is apposite to note that all these officers were recently controversially promoted by the Police Service Commission. During an interview on July 01, 2022 the Chairman Patrick Findlay stated that he was awaiting the recommendations from the Commissioner of Police in order to make promotions. Shockingly, on July 02, 2022 the Commission announced the promotion of over 250 police officers. There was no due diligence. The list was rubber stamped.
It is clear that the Commission did not delegate the authority in accordance with article 212 (2) of the Constitution of Guyana for a member of the Force (investigating officer) to investigate the alleged breaches of discipline in question. The Commission missed this mandatory constitutional step. Even if it did the deputy superintendent was not informed. The Commission rushed with breakneck speed and ordered a trial instead of commencing an investigation. The Commission put the cart before the horse. The investigating officer is required to comply with Section 5 (1) and (3) of the Police (Discipline) Act Chapter 17:01. Section 5 (1) states, “Every commission of an offence against discipline under this Act shall be investigated as soon as practicable by a member of the Force not below the rank of sergeant and of a higher rank than the member of the Force who is alleged to have committed the offence.” Section 5 (3) posits, “The investigating officer shall, as soon as practicable, inform the member of the Force alleged to have committed an offence against discipline in writing in a language he understands of the offence which he is alleged to have committed and the particulars of the facts constituting the offence, and of his rights to refuse to make any written or oral statement to the investigating officer unless he otherwise desires.”
On April 03, 2023 subordinate officers, inspectors and officers of Regional Police Division No 6 through their commander were detailed and attended meetings at two locations – New Amsterdam and the Felix Austin Police College B Division, which were conducted by the installed Chairman of the Police Service Commission, Patrick Findlay and Secretary Jaigobin Jaisingh. Several topics were discussed including a power point presentation on Transformational Leadership. Certainly the Chairman and Secretary did not travel all the way to Berbice to conduct the meetings in their private capacities. It is clear that they went to Region 6 and carried out the duties of the Police Service Commission contrary to the ruling of the Chief Justice. There is also a report that a young constable was seen in uniform masquerading as a cadet officer. It is suspected that the Commission may have recently illegally appointed him a cadet officer or that he is following the conduct of at least five assistant commissioners who are pretending to be deputy commissioners and/or acting deputy commissioners, but wearing the badge of rank of assistant commissioner. Also they are allowing the press to refer to them as Deputy Commissioners and/or acting Deputy Commissioners without taking corrective action.
It is obvious that the not lawfully and duly constituted Police Service Commission is performing several constitutional functions ultra vires the order of the Chief Justice. There are too many instances whereby persons have displayed blatant contempt for the ruling of the Courts in Guyana and nothing is done to correct this sad state of affairs. The not lawfully and duly constituted Police Service Commission appears to be an unadulterated defaulter.
It is time for the Judges and other stakeholders to abbreviate the lawlessness that is taking place. The rule of law and due process must be perpetual. May God help Guyana and moreso the Guyana Police Force.
Yours sincerely
Clinton Conway
Assistant Commissioner of Police
(Retired)
