AG to appeal ruling in Police Service Commission case

Attorney General, Anil Nandlall, SC, says the government will appeal High Court Judge, Gino Persaud’s decision that the Police Service Commission was unlawfully suspended.

“Well, the Judge has ordered that the parties begin discussions in relation to costs so we will do that in compliance with the Judge’s direction but significantly, we will appeal the Judge’s decision and we will see how we move from there,” the Attorney General said.

Earlier on Friday, Justice Persaud ruled in favour of an application filed by former Chairman of the Police Service Commission (PSC), Paul Slowe, that the commission was unlawfully suspended in 2021.

Slowe wanted a declaration that the suspension of the Chairman and members of the PSC by President Dr Irfaan Ali was contrary to and in violation of the Constitution of Guyana, in particular articles 225 (6) and 210 (3).

Justice Persaud, in his ruling, reasoned that the issue should have been put to the tribunal of the Judicial Service Commission (JSC) for ventilation but there is no JSC in place.

In this instance, the Judge said that the doctrine of necessity would have to be invoked to validate the President’s actions.

Slowe and the former PSC members were represented by attorneys Selwyn Pieters, Dexter Todd and Dexter Smartt.

Among other things, the Judge found that the President breached Slowe’s constitutional right for protection and due process.

The parties will have to file submissions on costs by April 14, 2023. In March last year, several persons recently nominated by the Parliamentary Committee of Appointments to sit on the new Police Service Commission, were sworn in by President Ali.

The four new members of the Police Service Commission are Bishop Patrick Findlay (chairman), attorney Lloyd Mark Conway, businessmen Hakeem Mohammed and Ernesto Choo-a-Fat.