APNU+AFC appeals CJ’s ruling on PSC Chairman, Integrity Commission appointments

OPPOSITION Leader, Aubrey Norton, has moved to the Appeal Court to challenge the ruling made by Chief Justice (ag) Roxane George that the appointments of the Chairman of the Police Service Commission (PSC) and the Integrity Commission by President, Dr Irfaan Ali were lawful.

Last month, the Chief Justice found that there was sufficient consultation between President Ali and the Opposition Leader, contrary to what was claimed by the political opposition in its legal challenge.

In a failed attempt, Norton had moved to the High Court to quash the appointment of PSC Chairman, Patrick Findlay, claiming that it was illegal, null, void and of no legal effect.

In the analysis of her ruling, the Chief Justice also said that the contentions put forward by Norton that enough information was not provided to him were without merit.

Chief Justice George posited that the main responsibility lies on the President to initiate the consultation process and further ensure that the requirements are set. However, the onus is also on the Opposition Leader to be responsive.

As such, it was determined that Findlay was “properly appointed” to the post of PSC Chairman.

The Chief Justice, however, ruled that the Police Service Commission was not properly constituted as a result of the absence of the Chairman of the Public Service Commission.

Chief Justice George clarified that the PSC Chairman could not have “properly engaged” the Head of State and other members of the commission as it relates to the appointment of Clifton Hicken as acting Police Commissioner.

The Chief Justice, however, in this instance, applied the “de facto officer doctrine” to uphold the decisions of this commission which would include the promotions of a number of police officers.

Further, the Opposition Leader had argued that consultations between President Ali and Findlay as it relates to the appointment of the Police Commissioner was unconstitutional, null, void and of no legal effect.

Chief Justice George instead disagreed with this argument and maintained the necessity of Hicken’s appointment thus leaving it in place.

The Chief Justice had previously struck out an application filed by Opposition Chief Whip, Christopher Jones, challenging Hicken’s appointment

In that ruling, she declared that the President did not breach the Constitution by appointing Hicken to act as Commissioner of Police. She had refused to quash this decision and declare the appointment void.

An appeal in relation to this decision was filed at the Court of Appeal.

Meanwhile, as it relates to the Opposition’s challenge to the appointment of the Integrity Commission, Norton had said that the President breached the Integrity Commission Act and did not offer him opportunities to express his opinions on the consultation.

The Integrity Commission comprises Demerara Bank Corporate Secretary, Chandra Gajraj as Chairperson, along with attorney Mohamed Haniff, and former Solicitor General Kim Kyte-Thomas. Hardest Tiwari and Chris Wayne Bowman are also members.

The Chief Justice in her ruling said that the appointments of those persons were lawful.

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