ACTING Chief Justice Ian Chang has found that Constable Mark Kendall was unlawfully discharged from the Guyana Police Force (GPF) on June 7, 2011 and must be reinstated. The policeman had been accused of driving a minibus for hire, but, on July 6 last, the judge ruled in his favour and ordered his reinstatement forthwith.
According to the Chief Justice, the court found that the Commissioner of Police had no power under Section 35 (1) of the Police Act to discharge Kendall on the basis of a breach of Section 32 (1) of the said Act.
The dismissal was unlawful, null, void and of no legal effect, the judge held and also directed that Kendall be paid retroactive from the June 7, 2011 until his reinstatement is effected, less one month’s salary which the plaintiff had received at the time of dismissal.
Chief Justice Chang said the Court has seen it fit to order reinstatement rather than payment of damages because this is a case of the Commissioner purporting to exercise his power of discharge  under Section 35 (1) of the Police Act, when the factual basis giving rise to the exercise of such power  did not at all exist.
The judge said the exercise of the discretion of the Commissioner was, therefore, jurisdictionally rather than procedurally misconceived and instructed that Kendall also receive $25,000 costs.
Prior to his discharge, Kendall had been a detective for 14 years and, during that time, underwent several courses and was, sometimes, issued with certificates. He was instrumental in cracking several high profile cases, including two murders, in which he would have testified in the High Court.
Having solved a case involving the kidnapping of a child, he was presented with a plaque and had no job related problem, the Chief Justice noted.
The judge said Kendall testified that, in December 2010, he was approached by the Commander ‘A’ Division, who required him to write a statement showing why he should not be discharged from the Force and, when he requested the reason, was told he would be discharged in any event.
Kendall then wrote a document, dated April 4, 2011, in which he denied having operated minibus BKK7580 for hire and said he merely assisted Denise Fredericks in the purchase of the vehicle and she chose to include his name on its registration.
He said, additionally, he had, for the past 16 years, dedicated all his energies towards the work of the GPF, to the extent that he received numerous rewards and recommendations for his outstanding performance throughout the years.
Kendall said it was after writing that letter he was severed from the GPF in the public interest.