— legitimate concerns caused halt to promotions

LEGITIMATE concerns raised by members of the Guyana Police Force (GPF) resulted in President David Granger requesting that a hold be placed on the 2017 police promotions.
Notwithstanding that, a new chairman and commissioners are likely to be appointed to the Police Service Commission (PSC) by year-end, says President Granger.

The President, during a press conference at the Ministry of the Presidency on Friday said that while he had hoped that a new Commission would have been in place by now, that plan did not materialise.
He told reporters that he decided to request that the police promotions be placed on hold due to a number of “legitimate concerns” put before him. One of the concerns, he said, had to do with a letter he received indicating that persons deserving of promotions were being superseded.

“One letter writer claimed that they had no internal procedure for the nomination of officers; it is the convention that the commissioner would convene a committee of the most senior officers to nominate persons; this had not been done,” the President said.
“There is a danger that persons who were not qualified would be recommended for supersession, and persons who are qualified would be left behind,” he added in response to questions on the subject.

He also disclosed that there were other allegations, which he felt were justified in showing that the selection process at the Commission had been compromised. “Taken as a whole,” he said, “I feel that the integrity of the process was compromised, and it would not be in the public’s interest to proceed with those nominations.
“And that it is why it was requested that the recommendations be frozen.”

BY DECEMBER 31
He said it is not his intention to start the new year without a new Commission being in place. “I expect that by December 31, the appointments would be made,” President Granger stated.

The members of the PSC, which included Chairman Omesh Satyanand, Harold Martin, Carvil Duncan, Lloyd Smith and Keith John, were sworn in back in September 2014. The life of the Commission expired recently.

Earlier this month, the President had said that his administration’s action to halt the promotion of police officers earlier in the year was necessary, as they were deeply concerned about the State’s security, and that they would have been failing in their duty “if we ignored the warnings which came to us in a very direct manner.”

The Guyanese leader, however, assured the media that his government respects the ruling of the court, which declared that the directive was unconstitutional, and that they will await the full written ruling before making further comments.
Recently, Chief Justice (Ag) Roxanne George-Wiltshire, SC, ruled that the directive given by Minister of State, Joseph Harmon to the PSC to halt the consideration of promotions for 2017 was unlawful and a deliberate disregard for the Constitution.

Former Attorney-General and Minister of Legal Affairs, Anil Nandlall had filed a court action, challenging a letter sent by Harmon to the PSC’s secretary on the matter. He had called on the court to declare that the PSC is established by the Constitution of Guyana, and in the exercise of its function shall not be subject to the direction or control of any other person or authority.

Nandlall had also called on the court to declare that the letter, dated July 26, by Harmon advising that the President directed that there be no consideration of promotions for members of the Guyana Police Force by the Police Service Commission, until further notice, violates Article 226 of the Constitution, is unlawful, null, void and of no legal effect.

When asked to comment on the ruling, President Granger said, “The Government of Guyana is very respectful of the rulings of the High Court and of the Honourable Chief Justice. We always wait for the written ruling; not that we distrust the press, but sometimes, you know, people may get things wrong. When we get the written ruling, there will be a formal response. But so far, we are respectful of that ruling.”

DEEPLY CONCERNED
President Granger made it clear that his administration is “Deeply concerned about the state’s security” while noting that it would be failing in its duty if “We ignored the warnings which came to us in a very direct manner that state security was being imperiled, was being jeopardised by certain actions.”

He assured reporters that the act to halt the police promotions was not a wanton one, but done out of necessity on the part of his government. “I’d like to iterate that we are respectful of the honourable chief justice’s rulings and that we will examine carefully the written ruling when it comes to us,” he said.

Back in August, the government launched an investigation into accusations of abuse and malpractice within the PSC as well as the Guyana Police Force, following mounting complaints by police ranks. At that time, President Granger said there were many legitimate complaints by members of the PSC and aggrieved police officers of abuse and malpractice in the Police Force, and it is for that reason he asked for the promotion of police officers to be delayed.

“We are not trying to trample on the constitutional rights of the Commission, but damage can be done if persons, who are not fit and proper, make decisions which are injurious to public security. We want the constitutional Commission to function efficiently, but at the same time, we want to make sure that the public can depend on the decisions that come out of that Commission being in the best interest of the nation,” the President reiterated.