HIGH Court Judge Gino Persaud, will, today, deliver his ruling on the application made by Attorney-General Anil Nadlall, S.C., to strike out a constitutional action filed by the Police Service Commission (PSC).

The ruling is expected to be handed down at 14:30 hours virtually at the Demerara High Court

Nandlall is seeking to have the court strike out the substantive matter filed by the PSC which is challenging its suspension by President Dr. Irfaan Ali. The PSC claims that the move was “unconstitutional.”

During the last court hearing held on November 10, 2021, the AG had argued that since the life of the PSC ended on August 8, 2021, the case it has before the court cannot be allowed to continue, as any judgment rendered would be void.

“It is our submission that, as a result of that fact, these proceedings cannot be proceeded with by this honorable court,” he had submitted.

It was explained to the court that the PSC is a body constituted in a manner prescribed by the Constitution of Guyana, and its functions are subjected to constitutional provisions.

Nandlall went on to explain to the court that, at the time his application was filed, the commission was already “dead and non-existent in law.”

As a result of the aforementioned, Nandlall had emphasised that it would have affected the capacity of the PSC’s lawyers, Selwyn Pieters and Dexter Smartt, who could not have been authorised to appear since their [the lawyers] contracts came to an end upon the expiration of the life of the commission.

Meanwhile, in his reply to the AG’s submissions, Smartt had said, “I do admit that the commission expired on the 8th of August… It is our respectful submission to this court that matters to be dealt with are matters that need finality.”

According to Smartt, the PSC case touches on key issues such as the supreme power of the land, and the power of the president.  “It is a matter of public importance and interest,” the attorney said as he explained that the case is a “peculiar proceeding.”

The PSC’s application was filed in July 2021 after President Ali, based on advice from Prime Minister, Brigadier (ret’d) Mark Phillips, and in accordance with Article 225 of the Constitution of Guyana, suspended the PSC Chairman and its members, pending the findings of a tribunal that was to be established.

The PSC is praying that the court grants 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 the Constitution of the Co-operative Republic of Guyana Articles 225(6) and 210(3), and therefore of no force or effect.

Additionally, the applicant is seeking a further declaration from the court that the Prime Minister’s recommendations to the President for the removal of the PSC Chairman and its members from their respective offices at the commission were in violation of, and ultra vires, the Constitution and, in particular, Article 225(2), being made on grounds other than inability to discharge the functions of office or misbehaviour.

In June, 2021, Acting Chief Justice, Roxane George S.C., had struck out the legal challenge brought by five senior police officers against the PSC over the 2020 year-end police promotions list. Following the CJ’s ruling, the Government of Guyana through the Attorney-General and Minister of Legal Affairs issued a statement rejecting the PSC’s promotion list as unlawful and illegal.

It noted that, in the circumstances, the purported list of promotions will be ignored since the PSC was suspended. On August 8, 2021, the life of the PSC expired. The members of commission were sworn in by then President, David Granger, to serve for a period of three years.