…Seelall Persaud seeks to rescind promotion of six cops made by Ramnarine

The bitter rift between Commissioner of Police Seelall Persaud and the man who is likely to replace him when he demits office early next year- David Ramnarine — has reached new levels, with the top cop ordering that that the decision by Ramnarine to promote six ranks recently be rescinded. But Ramnarine has challenged the police chief’s interpretation of the Constitution deeming it erroneous and embarrassing.

The ranks were all promoted for their outstanding performance at a drilling competition and a training course; and several senior officers who have taken umbrage with Persaud on the issue have pointed to a decision he had made in 2015 to promote two police ranks who had tortured a teenage boy in the course of a murder investigation at the Leonora Police Station in 2009.

According to the GPF list of promotions issued back in February 2015, Narine Lall was promoted from sergeant to inspector, while Mohanram Dolai was promoted from constable to corporal. In November 2009, the duo had appeared in court to answer a charge of setting alight the genitals of a 15-year-old lad with intent to maim, disfigure, disable, or cause him grievous bodily harm.

The criminal case against them was eventually dismissed in the magistrate’s court because the lad and other witnesses had failed to attend the trial of this case. However, in 2011, following the filing of a civil action, Justice Roxane George found the ranks liable, and after describing the case as constituting torture, awarded the teenager $6.5 million, which the State eventually paid.

An investigation by the GPF Office of Professional Responsibility (OPR) had found that the two policemen had injured and tortured the lad by pouring methylated spirits on his genital area and setting it alight.

ONLY THE TOP COP
The policemen and women at the centre of the Persaud/Ramnarine controversy were promoted while Ramnarine acted as Commissioner of Police when Persaud was on vacation leave.

In correspondence seen by this newspaper, between August 15th and October 1st, Ramnarine, performing duties as Commissioner of Police, promoted Corporal Wilburg to sergeant; and the following persons to corporal: Woman Lance Corporal 18997 Fraser; Lance Corporal 8749 Kuma, and Constable 18803 Craig.

Additionally, between August 3rd and September 26, 2016, Ramnarine promoted the following constables to Lance Corporal: 18495 Gray, 20521 Semple, 21759 Kesney, and 21825 Thomas.

Persaud proceeded on leave in June, and on his resumption of duty last Thursday, he immediately sought to reverse Ramnarine’s decisions. In his letter to Staff Officer Administration 1 Maxine Graham, he called for the rescission of the promotions Ramnarine had made, and drew the officer’s attention to Article 212 (3) of the Constitution of Guyana, noting that the Commissioner of Police is authorised to make appointments to any office in the Police Force below the rank of inspector.

He also quoted Article 211 (i) of the said constitution, which he said indicates that the appointment of the Commissioner of Police is done by His Excellency the President. “His Excellency the President makes such appointments by issuing an instrument which is signed by him/her”, he said.
“The Police chief, Assistant Commissioner Ramnarine, has misinformed himself that he has the authority to make any such appointment in the absence of an instrument issued by His Excellency the President. The appointments are therefore null and void, and the ranks should be so informed,” Persaud ordered.

Ramnarine responded to the letter, which was copied to him, the divisional commanders and the finance officer, saying that he was duly authorised by the appropriate authority, in keeping with the relevant Article of the Constitution, to act as Commissioner of Police, and he did so “to the strict letter, meaning and spirit of the Constitution and the Law.”

HIRE AND FIRE
Ramnarine’s argument is that in essence he was authorized, as acting Commissioner of Police, to hire, fire, discipline, promote, transfer, post and reward any member of the Force of which he was in command at the time in accordance with the relevant powers vested by the virtue of acting appointment as would have been exercised by the substantive holder of the office, who was on leave.”

Additionally, Ramnarine told Persaud that the reference to Article 211 (1) of the Constitution (para b), and the subsequent explanation (para c) which refers to some instrument, applies only to cases in which the office in question is vacant, the holder retired, resigned or passed away.

“I am thoroughly confident and quite convinced that the Commissioner of Police, Mr. Seelall Persaud, has ill-advised himself, or has been the recipient of poor advice.” Ramnarine added. “I am not an attorney-at-law, but benefited from proper legal advice since the first day of the month of June 2016, when I learnt that I would be required to discharge the duties of the Commissioner, including that which is stated at Section 26 (2) of the Interpretation and General Clauses Act, Chapter 2:01.

“Where any written law confers a power or imposes a duty on the holder of the office, the power may be exercised and the duty shall be performed by the holder, for the time being, of the office, or by any person appointed to act for him, or by a person lawfully performing the functions of such office.”

Ramnarine told Persaud: “It is to be noted that the process by which such promotions were made was a fair and transparent one, with recommendations made by divisional and branch commanders. He said, too, that the promotions were scrutinized and, in some cases, discussed and approved at the performance group meeting, with all being above board and duly merited.

“Therefore, the above being recorded and said, the appointments are not null and void, as erroneously and embarrassingly stated as a consequence of a lack of appropriate knowledge and understanding of Article 211 (2) of the Constitution of Guyana. I am, and remain, confident that I was properly authorized, and that my actions and decisions will withstand scrutiny,” Ramnarine concluded.