…reassures of govt’s respect for the courts

PRESIDENT David Granger said his administration’s action to halt the promotion of police officers earlier this year was necessary as they were deeply concerned about the state’s security, while noting that it would have been failing in its duty if “we ignored the warnings which came to us in a very direct manner.

The Guyanese leader, however, assured that his government respects the ruling of the court, which declared that the directive was unconstitutional and that they will await the full written ruling before making further comments. Last week, Chief Justice (ag) Roxane George SC ruled that the directive given by Minister of State, Joseph Harmon, to the Police Service Commission to halt the consideration of promotions for 2017, was unlawful and a deliberate disregard for the Constitution.

Former Attorney General and Minister of Legal Affairs, Anil Nandlall had filed a court action which challenged a letter dispatched by Harmon to the PSC’s secretary on the matter. He had called on the court to declare that the PSC is established by the Constitution of Guyana, and in the exercise of its function shall not be subject to the direction or control of any other person or authority.

Nandlall had also called on the court to declare that the letter dated July 26, by Harmon advising that the President directed that there be no consideration of promotions for members of the Guyana Police Force by the Police Service Commission, until further notice, violates Article 226 of the Constitution, is unlawful, null, void and of no legal effect.

When asked to comment on the ruling Wednesday, President Granger said, “The Government of Guyana is very respectful of the rulings of the High Court and of the Honourable Chief Justice. We always wait for the written ruling, not that we distrust the press, but sometimes you know people may get things wrong. When we get the written ruling, there will be a formal response but so far, we are respectful of that ruling.”
President Granger made it clear that his administration is “Deeply concerned about the state’s security” while noting that it would be failing in its duty if “We ignored the warnings which came to us in a very direct manner that state security was being imperiled, was being jeopardised by certain actions.”

He assured reporters that the act to halt the police promotions was not a wanton one, but done out of necessity on the part of his government. “I’d like to iterate that we are respectful of the honourable chief justice’s rulings and that we will examine carefully the written ruling when it comes to us,” he said.

Back in August, the government launched an investigation into accusations of abuse and malpractice within the PSC as well as the Guyana Police Force, following mounting complaints by police ranks. At that time, President Granger said there were many legitimate complaints by members of the PSC and aggrieved police officers of abuse and malpractice in the Police Force, and it is for that reason he asked for the promotion of police officers to be delayed.

“We are investigating the complaints which have been made to us and we have asked the Police Service Commission to simply delay so that we can answer those queries, and once those queries are satisfactorily answered, we will proceed. It’s no intention on my part to impede the work of the Commission,” the President said.

He had told reporters too that his primary focus is the prevention of any further damage to the security sector, while stressing that his Government cannot and will not ignore the complaints and evidence of injustices, which may have taken place.

“We are not trying to trample on the constitutional rights of the Commission, but damage can be done if persons, who are not fit and proper, make decisions which are injurious to public security. We want the constitutional Commission to function efficiently, but at the same time, we want to make sure that the public can depend on the decisions that come out of that Commission being in the best interest of the nation,” the President reiterated.
There was widespread dissatisfaction over the list of officers submitted to the PSC for promotion, which had sparked quiet protest within the force.

The Guyana Chronicle understands that an internal police committee that would normally make recommendations to the PSC for promotions, did not meet on the matter and it is unclear how the names for promotion were arrived at. This newspaper was reliably informed that a number of aggrieved officers raised their concerns to the government about the list which they deemed as ‘defective’. “This list that was submitted has officers who are not fit for promotion. This is a very bad list,” a senior officer had told this newspaper.

However, Opposition Leader Bharrat Jagdeo in a statement back in August, noted the President’s decision and pointed to the illegal nature of the decision by referencing the constitution. Jagdeo made mention of the nature of Article 226 (1) and had called on the PSC “Not to succumb to these unconstitutional and unlawful directives, but to continue to discharge its mandate in the manner provided for by the Constitution.”

But in support of the President’s decision, Minister of Public Security, Khemraj Ramjattan described the move to halt police promotions by President Granger as “perfect and correct”. He noted, however, that the Commission of Inquiry (CoI) into the alleged plot to assassinate the President was not what prompted the hold on the promotions.