Parties unable to reach out-of-court settlement
-High Court to move ahead with case

DESPITE meeting several times, the Police Service Commission (PSC) and five senior police officers were unable to resolve the issues surrounding the 2020 year-end police promotions out-of-court. As a result, the High Court will be proceeding with the case filed by Senior Superintendent of Police, Calvin Brutus; Superintendents, Ravindra Stanley and Shivpersaud Manni Bacchus; Assistant Superintendent of Police, Shavon Jupiter; and Inspector of Police, Prem Narine against the PSC.
On Friday, when the matter was called in the High Court, Deputy Solicitor General, Deborah Kumar, disclosed the parties’ failure to reach an amicable solution.
“Despite strenuous efforts and the parties meeting, regrettably I’m to inform this honourable court that we have not made progress in the matter,” she told Chief Justice (ag) Roxane George, SC

In the circumstance, Kumar requested leave to file an affidavit in defence in the case. The CJ subsequently set April 9, 2021 as the date for clarification and directions.
On January 12, during a hearing in the case, Attorney General and Minister of Legal Affairs, Anil Nandlall, SC, had disclosed that based on the preliminary discussions with the Chairman of the PSC, retired Assistant Commissioner of Police, Paul Slowe, the parties were on a “path to resolution”. Brutus, in his legal documents, claims that he was bypassed for a promotion due to an ongoing investigation. Brutus believes the action by the commission was irrational, unreasonable, arbitrary, and unlawful.
Superintendents, Ravindra Stanley and Shivpersaud Manni Bacchus; Assistant Superintendent of Police, Shavon Jupiter; and Inspector of Police, Prem Narine, had moved to the court seeking reliefs similar to those being pursued by Brutus.

Police officers Dennis Stephen, Hugh Winter, Monica Washington, Edmond Cooper, Kurleigh Simon Stanton, and Phillip Azore were admitted as interested parties in the case by the CJ.
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 asking for a declaration that he is entitled to be promoted to the office of Assistant Commissioner of Police. Further, he is seeking an Order of Certiorari quashing, nullifying and/or cancelling the decision of the PSC to deny him the appointment to the office of Assistant Commissioner of Police. He is also praying for an Order of Certiorari quashing, nullifying and/or cancelling the decision of the PSC to promote Cooper, Philip and Kurleigh Simon, who are all Senior Superintendents of Police, to the office of Assistant Commissioner of Police.
Lastly, he is 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.

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Five officers – Brutus, Wendell Blanhum, Ravindranauth Budhram, Errol Watts and Fazil Karimbaksh have been recommended for promotion by the Commissioner of Police. However, the PSC had taken a decision to promote Blanhum, Budhram, Watts, Cooper, Azore and Simon to that rank. “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,” Brutus’ court documents stated.
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 that 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 documents, Cooper, Azore and Simon, who are being promoted outside of the recommendation of the Commissioner of Police, are under investigation for alleged disciplinary and/or criminal offences. 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.