COME June 18, 2021, Chief Justice (ag), Roxane George is expected to deliver her ruling in the challenge brought by five senior police officers against the Police Service Commission (PSC) over the 2020 year-end police promotions.

Initially, the Chief Justice had set May 24, 2021, as the date for her ruling in the case. However, due to the late submission by attorney Pratesh Satram, who is representing Senior Superintendent Calvin Brutus, the ruling was shifted to June 18.

Satram failed to comply with the CJ’s order to file his submissions on or before April 29, 2021, which would have given the responding parties enough time to file their submissions in reply before the May 24 date for ruling.

During the hearing held on Monday via Zoom at the Demerara High Court, the Chief Justice scolded Satram for his late submission in the case but accepted his apology.

The CJ granted the respondents leave to reply on or before May 31. The matter comes up again on June 18 for ruling and/or clarification.
In December 2020, Brutus, Superintendents Ravindra Stanley and Shivpersaud Manni Bacchus; Assistant Superintendent Shavon Jupiter; and Inspector Prem Narine moved to the court against the PSC.

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 Chief Justice.

The CJ had granted a temporary order stopping the PSC from making its annual promotion of senior police officers for 2020.

On January 12, 2020, during a hearing in the case, Attorney General and Minister of Legal Affairs, Anil Nandlall, S.C., had disclosed that based on preliminary discussions with Chairman of the PSC, retired Assistant Commissioner Paul Slowe, the parties were on a “path to resolution.” However, this proved futile since both sides failed to reach an amicable solution which resulted in the High Court going ahead with the hearing of the matter.

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.

The senior cop 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 rank 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 his legitimate expectation.
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 decided to promote Blanhum, Budhram, Watts, Cooper, Azore and Simon to the rank of Assistant Commissioner of Police.

“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 on 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.