HIGH Court Judge, Justice Gino Persaud, today, dismissed the application made by Attorney General, Anil Nandlall, S.C., to strike out a constitutional action filed by the Police Service Commission (PSC).
AG Nandlall was seeking to have the court strike out the substantive matter filed by the PSC which challenges its suspension by President Dr Irfaan Ali. The PSC claims that the President’s action was “unconstitutional.”
Previously, the AG had argued that since the life of the PSC ended on August 8, 2021, the substantive case currently before the Court cannot be allowed to continue, as any judgment rendered would be void.
Justice Persaud, during his ruling, however, said that the PSC case should be heard and determined, on its merits, that the matter is of public importance and interest.
According to the Judge, hearing the PSC’s case would bring clarity on the role of the President’s executive power, and the issue of the legality of the President’s suspension of the PSC.
In its submission, the PSC asked the Court to grant a declaration that the purported June 16, 2021, suspension of its Chairman Paul Slowe; and commissioners, Michael Somersall, Claire Alexis Jarvis, Vesta Adams, and Clinton Conway, from performing the functions of their respective offices in the commission, were in violation of Guyana’s Constitution.
Additionally, the PSC is seeking a further declaration from the Court that the recommendation by Prime Minister Mark Phillips to the President for the removal of the PSC Chairman and its members was in violation of Article 225 (2) of the Constitution since it existed outside of the provision of that article which allows the removal of persons from the office for misbehaviour or inability to discharge their functions.
Additionally, the former PSC chairman has been substituted as the applicant in the case. The Guyana Chronicle was made to understand that Slowe has locus standi to continue the proceedings on behalf of the suspended PSC’s Commissioners. This means he has a right to stand in the matter.
Justice Persaud has set a timeline for submissions and replies from the parties. A date for addresses, however, is yet to be set.
