THE constitutionality of the confirmation of Seelall Persaud’s appointment, which was questioned by Brigadier (rtd) David Granger has been defended by Attorney-General and Minister of Legal Affairs, Anil Nandlall.

The presidential candidate of the Alliance of the coalesced A Partnership for National Unity (APNU) and the Alliance For Change (AFC), last Friday said, “I did not have consultation with the President… I see he went off and purported to swear in the Acting Commissioner in the capacity of substantive Commissioner. I don’t know how that could be done in defiance of Article 211 of the Constitution.”

According to Article 211 of the Constitution, “The Commissioner of Police and every Deputy Commissioner of Police shall be appointed by the President acting after meaningful consultations with the Leader of the Opposition and Chairperson of the Police Service Commission after the Chairperson has consulted with the other members of the Commission.”
On the basis of the clear stipulations under Article 211, the Attorney-General said, there is evidence to reflect that the two leaders were engaged in “meaningful” consultation.
“The Constitution,” he said, “requires the President to consult with the Leader of the Opposition and Chairperson of the Police Service Commission. I am aware that this was done.

“I am also aware that there are written correspondence that evidence these consultations, in particular from Mr. Granger. Two of the letters were written by Mr Granger himself, and were titled ‘Consultation’.”
And while he acknowledged that the language of the Constitution did not speak to an agreement between the President and the Leader of the Opposition on the appointment of the Commissioner of Police, he did conceded that Granger’s comments may have been premised on this misunderstanding.
“The Constitution does not require agreement; and perhaps therein lies the confusion on the part of Mr Granger. Perhaps he is of the view that the appointment requires his agreement. But the provision is clear: It is a matter of consultation; not agreement,” the Attorney- General said, adding that the term ‘consultation’ is defined in the Constitution itself and that as such, there can be no speculation on what is meant by the provision.
“I find the comments of Mr Granger on the appointment of the Commissioner of the Police to be quite unfortunate,” Nandlall concluded.
Persaud, the former acting Police Commissioner, acceded to the post after a swearing-in ceremony at the Presidential Complex, last week. In the presence of members of the Police Service Commission, Guyana Police Force’s High Command, head of the Joint Services, the Home Affairs and Legal Affairs Ministers, senior members of the judiciary and family members, Commissioner Persaud thanked President Donald Ramotar and his administration for their confidence in him.
Police Commissioner Persaud has served in the force for close to 31 years, with most of that time spent in the Criminal Investigation Department (CID). He served as head of the anti-narcotics squad for 10 years and CID for seven, serving in both coastal and interior locations. Persaud, 51, holds a Bachelor’s Degree in Public Management and a Post-Graduate Diploma in International Studies from the University of Guyana.

‘I am also aware that there are written correspondence that evidence these consultations, in particular from Mr. Granger. Two of the letters were written by Mr Granger himself, and were titled ‘consultation’.” – Attorney-General and Minister of Legal Affairs, Anil Nandlall

By Vanessa Narine