CONSULTATION between President Dr. Irfaan Ali and the Leader of the Opposition, Aubrey Norton, for the appointment of Clifton Hicken as Commissioner of Police, has been put on hold.

This will be until Acting Chief Justice, Roxane George, S.C., rules on Norton’s legal challenge to the appointment of Patrick Findlay as Chairman of the Police Service Commission (PSC) as well as the appointment of the members of the Integrity Commission.

On Friday, Attorney-General Anil Nandlall, S.C., gave his undertaking that the process of meaningful consultation will be put on hold and said that Norton would have to “hold off” on his reply.

Norton had moved to the High Court seeking to quash the appointment of the PSC commissioners claiming that it was “illegal, null, void and of no legal effect.”

In his legal challenge, Norton is contending that the President did not afford him “a reasonable opportunity to express a considered opinion on the subject of the consultation.” He maintains that this is a breach of the Integrity Commission Act.

As such, Norton is arguing that any consultation between the President and Findlay on the subject of the appointment of a Commissioner of Police of Guyana, is unconstitutional, null, void, and of no legal effect.

Norton had also filed a Notice of Application (NoA), requesting a conservatory order to halt the consultation process between him and the President until the substantive matter has been completed.

During Friday’s hearing of the substantive case, the order was granted by Justice George but it was later withdrawn due to the Attorney-General’s undertaking.

The matter was adjourned until August 8 for arguments.

The President, after consultation with Findlay, officially nominated Hicken for the position.

In a letter dated June 29, the Minister of Parliamentary Affairs and Governance, Gail Teixeira, outlined to Norton, the reasons why Hicken was appointed back in March. The letter also invited Norton to give his opinion on the subject.

According to the letter, former Commissioner of Police (ag), Nigel Hoppie proceeded on pre-retirement leave on March 30, and at the time, there were no constituted Police Service Commission, nor was there a person holding the post of Leader of the Opposition.

It further stated that having regard to a number of factors, including “the preservation of law and order, the preservation of peace, and the due enforcement of all laws and regulations within Guyana, in the nation’s best interest and in the interest of national security,” President Ali opted to make the appointment rather than leave a vacuum in command and superintendence of the force.

Following consultations with Findlay, the President sought to engage Norton in “meaningful consultation”, Teixeira added in her letter.

Norton was given up to July 19, to give his opinion on the matter in writing. However, his response is now on hold pending the outcome of the challenge.

Additionally, Opposition Chief Whip, Christopher Jones, had filed a constitutional challenge against Hicken’s appointment as acting ‘Top Cop’.

In his Fixed Date Application (FDA), Jones is seeking to overturn Hicken’s appointment which he claims is “unreasonable, ultra vires the Constitution, common law and is illegal, null, void and of no legal effect.”

He is also seeking a declaration that the President’s decision to appoint Hicken violates Articles 211 (1) and 211 (2) of the Constitution of Guyana. Jones is also claiming that there were no consultations between the President and the Leader of the Opposition as required by the Constitution prior to Hicken’s appointment.

The matter is also before the Chief Justice. Arguments will be heard on July 20.