CHIEF JUSTICE (ag), Roxane George, on Thursday, granted a temporary order which will halt the Police Service Commission (PSC) from making its annual promotion of senior police officers for 2020. The order granted will see that the status quo in the Guyana Police Force remains as it is until the matter comes up again on January 12, 2021.
Senior Superintendent of Police Calvin Brutus through his attorney Pratesh Satram had moved to the High Court against the PSC, which he claimed bypassed him for a promotion due to an ongoing investigation. Brutus believes the action by the commission was irrational, unreasonable, arbitrary, and unlawful.
During Thursday hearing, Attorney-General, Senior Counsel, Anil Nandlall, who is representing the PSC, said that he did not receive proper instructions from the PSC or the Police Commissioner, Nigel Hoppie.
Nandlall, however, suggested that the matter be put off and for the PSC “hold its hands” on the promotions.
“These are not matters that, I believe, should be contested. I don’t believe that it helps the Police Force which is so important to the administration of justice to have these matters ventilated publicly and it must have reached this stage as a result of a real serious breakdown between the institutions,” Nandlall said in court as he is hopeful that the issues be resolved outside of court.
“I do appreciate what the Attorney-General has said that one does not want to have discord in such an important institution as the Guyana Police Force,” the CJ said to the court in agreement with Nandlall. She then granted the temporary order and adjourned the case until January 12, 2021 at 10:00hrs.
Brutus is asking the court to grant a declaration that the policy of the PSC not to promote or consider for promotion officers with pending disciplinary matters before it is unlawful.
He is also contesting for another declaration that he is entitled to be promoted to the office of Assistant Commissioner of Police.
Brutus is also seeking an order of Certiorari quashing, nullifying and/or cancelling the decision of the PSC denying him the appointment to the office of Assistant Commissioner of Police.
He is also praying for order of Certiorari quashing, nullifying and/or cancelling the decision of the Police Service Commission to promote Edmond Cooper, Philip Azore and Kurleigh Simon, Senior Superintendents of Police to the office of Assistant Commissioner of Police. Lastly, he is also asking the court to grant an order of Mandamus compelling the commission to reconsider its decision not to promote him in accordance with law and in accordance with his legitimate expectation. The five officers Calvin Brutus, Wendell Blanhum, Ravindranauth Budhram, Errol Watts and Fazil Karim Baksh were recommended for promotion by the Commissioner of Police. However, the PSC had taken a decision to promote six persons to the office of Assistant Commissioner of Police namely: Blanhum, Budhram, Watts, Edmond Cooper, Philip Azore and Kurleigh Simon.
“It has been the practice of the commission not to promote police officers with pending disciplinary complaints regardless of the nature or seriousness of such complaints. Trivial and unsubstantiated complaints have been accorded the same weight as grave or serious allegations of indiscipline in denying promotion to those against whom disciplinary complaints have been lodged with the commission,” the court document read.
Brutus was appointed to the rank of Senior Superintendent of Police in 2015. In October 2019, it was alleged by the Deputy Commissioner – Administration that Brutus committed a breach of discipline. The commission appointed Assistant Commissioner, Royston Andires-Junor to investigate the allegation.
A breach of discipline notice was not served upon Brutus until October 2020. The investigation has not progressed beyond the issuance of the breach of discipline notice. In keeping with its practice, the commission purportedly refused and/or failed to consider and/or denied Brutus for promotion to the office of Assistant Commissioner of Police relying on the said allegation of indiscipline.
“The allegation is frivolous. The applicant knows of no other reason why he was denied the promotion he was recommended for,” the document stated.
According to the court document, Senior Superintendent Edmond Cooper, Phillip Azore and Kurleigh Simon, who are being promoted to the office of Assistant Commissioner of Police outside of the recommendation of the Commissioner of Police, are under investigation for disciplinary and/or criminal offences allegedly committed by them. The said officers were promoted to the rank of Senior Superintendent in the years 2016, 2017 and 2017 respectively and were therefore junior to Brutus.
In a similar charge, Deputy Superintendent Ravindra Stanley has commenced legal proceedings at the High Court against the PSC seeking the same relief as Brutus’ case.
He is a Deputy Superintendent of Police and is presently performing the duties of an Officer-In-Charge of one of the investigative units at the Special Organised Crime Unit (SOCU) located at Camp Street, Georgetown. Stanley was last promoted on January 1, 2016. Stanley is contending that the PSC on December 24 denied his appointment and promotion to the office of Superintendent of Police as recommended by the Senior Promotion Board of the Guyana Police Force and communicated to the Police Service Commission through the office of the Commissioner of Police. However, the PSC bypassed Stanley and promoted Deputy Superintendent, Timothy Williams and Colin Henry to the office of Superintendent of Police instead.
