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FM
Former Member

Opposition’s ‘ no’ confidence motion in Minister Rohee precipitous and  unconstitutional  – AG

 

Georgetown, GINA, July 24, 2012 -- Source - GINA

 

The Opposition’s move for a no confidence motion in Minister of Home Affairs Clement Rohee, at tomorrow’s Sitting of the National Assembly is precipitous and unconstitutional, according to Attorney General and Minister of Legal Affairs Anil Nandlall, as the Constitution of the land states how a Minister can be removed from Office.

 

The Opposition has now turned to blaming the Minister for the Linden deaths even though the police have reported that no political directive was given for their actions during the July 18 clash between themselves and the protestors that left three dead and, the Minister himself stating that he has a clear conscience and had no hand in whatever actions the police took.

 


Attorney General and Minister of Legal Affairs Anil Nandlall

 

Speaking on the National Communications Network on a discussion programme accompanied by Minister of Public Works Robeson Benn, and which focused on the Linden situation, Minister Nandlall stated that, “That type of posterior is predetermining and pre-empting the mandate and the remit of the Commission of Enquiry which is being set up because it is simply determining that Minister Rohee is somehow responsible. Not because a person is a Minister and an agency which falls under him commits an error; let us assume that an error was committed on the part of the police that ipso facto render that Minister at fault.”


The Attorney General stated that democracy; the law certainly doesn’t operate like that and therefore, to move such a motion or to adopt such a posterior is clearly pre -emptive and on that basis it is a precipitous posture to adopt.


If that motion unfolds tomorrow in the National Assembly, he said he will, as Attorney General be placed again in the invidious position of stating that the National Assembly is acting unconstitutionally and ultra-vires and is arrogating unto itself powers and jurisdiction and functions which it does not have and cannot perform.


“The constitution of our country, which is the supreme law of our land, provides specifically how a minister of the government who sits in the National Assembly can vacate office and, it lists several grounds. The President can revoke his appointment; the minister must be convicted of a criminal offence; or the minister is insane or the Minister resigns. These are the subject of express provisions of the constitution of our country, so we don’t have to speculate on what grounds a minister can be removed.”


‘No confidence’ by the Parliament is not one of them, Minister Nandlall stated.


“Further, if the leader of list recalls that minister, then the recall legislation can be used to remove him. There is no way that a minister can be pushed out of office by the Parliament on the ground that he does not enjoy the confidence of Parliament. For the simple reasons outlined the Minister enjoys office due to the confidence which is reposed in him by the President. It is the President that appoints him and only the President can dis-appoint him. A minister does not hold office at the pleasure of Parliament, so this talk about moving a motion in the National Assembly again, it is people using the situation of Linden, using the tragedy of the people of Linden and riding on the back of that tragedy to pursue persecute and prosecute their own political agenda,”  the AG stated.

Replies sorted oldest to newest

As the HA minister ultimately responsible for internal security, the move by the opposition is NOT totally off-base.  He will ultimately be expected to give a full accounting of the action of the people under him.  He needs to come with a plan of action on the corrective actions to prevent a recurrence.  On the surface, this seems a disproportionate use of force.

FM
Originally Posted by baseman:
Originally Posted by Mitwah:

Does anyone get the sense that Rohee has lost control?

No!

Base, I don't think that he should be dumped from his position based on the Linden situation, but I think he should be dumped for his overall performance in his Ministry. He protects corrupted people in the GPF and gets rid of those who speak out against corruption in the Force. How many of the corrupted in the GPF have handed in  their Badges yet? 

FM
Originally Posted by baseman:

As the HA minister ultimately responsible for internal security, the move by the opposition is NOT totally off-base.  He will ultimately be expected to give a full accounting of the action of the people under him.  He needs to come with a plan of action on the corrective actions to prevent a recurrence.  On the surface, this seems a disproportionate use of force.

 The PPP is clinging closely to constitutional imperatives and on this they may have a case since there are no interpretation that support a no confidence vote. However, broadly defined, the constitution do have an opening form misconduct and I presume the deaths of individuals under his watch accrue to that most definitely. This is the second time police opened fire on a crowd and it is under his watch that this incompetent lot armed only with rifles and not geared to crowd management were deployed.

FM
Originally Posted by Stormborn:
Originally Posted by baseman:

As the HA minister ultimately responsible for internal security, the move by the opposition is NOT totally off-base.  He will ultimately be expected to give a full accounting of the action of the people under him.  He needs to come with a plan of action on the corrective actions to prevent a recurrence.  On the surface, this seems a disproportionate use of force.

 The PPP is clinging closely to constitutional imperatives and on this they may have a case since there are no interpretation that support a no confidence vote. However, broadly defined, the constitution do have an opening form misconduct and I presume the deaths of individuals under his watch accrue to that most definitely. This is the second time police opened fire on a crowd and it is under his watch that this incompetent lot armed only with rifles and not geared to crowd management were deployed.

Well, at least now you understand why the phantoms were brought in!  I do agree that better crowd control is needed.

FM
Originally Posted by baseman:
Originally Posted by Stormborn:
Originally Posted by baseman:

As the HA minister ultimately responsible for internal security, the move by the opposition is NOT totally off-base.  He will ultimately be expected to give a full accounting of the action of the people under him.  He needs to come with a plan of action on the corrective actions to prevent a recurrence.  On the surface, this seems a disproportionate use of force.

 The PPP is clinging closely to constitutional imperatives and on this they may have a case since there are no interpretation that support a no confidence vote. However, broadly defined, the constitution do have an opening form misconduct and I presume the deaths of individuals under his watch accrue to that most definitely. This is the second time police opened fire on a crowd and it is under his watch that this incompetent lot armed only with rifles and not geared to crowd management were deployed.

Well, at least now you understand why the phantoms were brought in!  I do agree that better crowd control is needed.

Question: Did Minister Rohee give a direct order to shoot civilians during a peaceful protest? Why is the masquerading still going on?

FM
Originally Posted by ABIDHA:
Originally Posted by baseman:
Originally Posted by Stormborn:

 The PPP is clinging closely to constitutional imperatives and on this they may have a case since there are no interpretation that support a no confidence vote. However, broadly defined, the constitution do have an opening form misconduct and I presume the deaths of individuals under his watch accrue to that most definitely. This is the second time police opened fire on a crowd and it is under his watch that this incompetent lot armed only with rifles and not geared to crowd management were deployed.

Well, at least now you understand why the phantoms were brought in!  I do agree that better crowd control is needed.

Question: Did Minister Rohee give a direct order to shoot civilians during a peaceful protest? Why is the masquerading still going on?

Did he?  You tell us, you seem to know more than Leroy Brummel.

FM
 

 

Did he?  You tell us, you seem to know more than Leroy Brummel.


When the OWS protesters attempted to block the Brooklyn Bridge if the police had opened fire and killed three people there would have been a  demand for Bloomberg's head.  It will not matter whether spoecifically ordered the police to murder protesters or not.  What would matter would be the clear inability of NYPD to manage an unruly, but not dangerous protest without resorting to criminal behavior.

 

Rohee needs to do the right thing. Resign.  Suggest an inquiry chaired by an internationjal human rights organized determine what happened. And to suggest to the next MInister of HA that proper protocols and training needs to be provide to the police force so that what happened TWICE within 8 montsh will never happen again.

 

An abusive and unruly crowd, using vile curse words when told to move BUT AT THE POINT OF POLICE ACTIONS AGAINST THEM, had not resorted to violence, does not justify live bullets. 

 

In civilized countries the local govt, knowing that an unruly protest is possible, will anticipate where it will go to be disruptive, will station personnel to prevent them from access to those points, and will escort them to same huge open square in the heart of the city where they can scream and curse as they wish w/o harming people, property or the local economy.'

 

But the GY govt only knows brfute force and ignorance.

FM

Bhai he said he had a meeting with the police the day before the march and he told them not to use live bullets. And they agreed. You can listen to Rohee saying so on the Capitol News website.

FM
Originally Posted by Ronald Sugrim:

The mobs occupied the bridge, refused to move and hurled objects first at the police. Why don't you tell those opposition politicians to act responsibly too? 

 And you were there! Even if they hurled projectiles at the police,refused to move or built barricades the use of live ammunition against them was excessive. The politicians were responsible. They were performing an act of protest against an unjust action and they were within their rights to do so.

 

BTW Could  you point us to the rule  of responsible protests?

FM
Originally Posted by Ronald Sugrim:

Bhai he said he had a meeting with the police the day before the march and he told them not to use live bullets. And they agreed. You can listen to Rohee saying so on the Capitol News website.

He should have told them to take the water cannon, present themselves in riot gear and in sufficient numbers to quell a raucous crowd in event they were needed. This is the second time in 10 months that they shot at protesters.

 

The first time saw no reprimand, no policy revisions no public service announcement or press release that it was unacceptable procedures. He facilitated a culture of disrespect for citizens and is obviously not sufficiently authoritative in the eyes of his men that they are convinced he give them an order.

 

Why should anyone listen to him now when he had a year since the last overly aggressive and heavy handed behavior of people under his charge?

FM
Originally Posted by Stormborn:
Originally Posted by Ronald Sugrim:

Bhai he said he had a meeting with the police the day before the march and he told them not to use live bullets. And they agreed. You can listen to Rohee saying so on the Capitol News website.

He should have told them to take the water cannon, present themselves in riot gear and in sufficient numbers to quell a raucous crowd in event they were needed. This is the second time in 10 months that they shot at protesters.

 

The first time saw no reprimand, no policy revisions no public service announcement or press release that it was unacceptable procedures. He facilitated a culture of disrespect for citizens and is obviously not sufficiently authoritative in the eyes of his men that they are convinced he give them an order.

 

Why should anyone listen to him now when he had a year since the last overly aggressive and heavy handed behavior of people under his charge?

That's not HIS job.  He has an entire institutional decision-making infrastructure with the tactical and operational experts whose job it is to carry out the day to day business of the state.

 

This is why they need an independent investigation.  You are very very simple minded in your approach.  You probably forgot how to shoot a poison dart and yet have to learn to think.  Then what use are you?

FM
Originally Posted by Mitwah:

Why did Rohee fail to order the police to secure strategic areas such as bridges before the protestors occupy them? Why did he not instruct/remind the police not to use live bullets?

Because his job is policy and strategy, not telling police their every day-to-day move. You are asking questions like a 5 year old, get with it and grow up.

FM
Originally Posted by baseman:
Originally Posted by Stormborn:
Originally Posted by Ronald Sugrim:

Bhai he said he had a meeting with the police the day before the march and he told them not to use live bullets. And they agreed. You can listen to Rohee saying so on the Capitol News website.

He should have told them to take the water cannon, present themselves in riot gear and in sufficient numbers to quell a raucous crowd in event they were needed. This is the second time in 10 months that they shot at protesters.

 

The first time saw no reprimand, no policy revisions no public service announcement or press release that it was unacceptable procedures. He facilitated a culture of disrespect for citizens and is obviously not sufficiently authoritative in the eyes of his men that they are convinced he give them an order.

 

Why should anyone listen to him now when he had a year since the last overly aggressive and heavy handed behavior of people under his charge?

That's not HIS job.  He has an entire institutional decision-making infrastructure with the tactical and operational experts whose job it is to carry out the day to day business of the state.

 

This is why they need an independent investigation.  You are very very simple minded in your approach.  You probably forgot how to shoot a poison dart and yet have to learn to think.  Then what use are you?

 Then why the hell was he meeting with them to talk of this issue? Do you not think he would have asked about preparedness for the task or is he another of the PPP post squatters that are good for nothing?

 

I am sure my suggestion is simpleminded. Obviously it took prodigious brain work to suggest I "forgot how to shoot a poison dart" as if that is what Amerindians do. I came with thinking faculties no less than you and my use of it is not hampered by racist bilge.

FM
Originally Posted by baseman:
Originally Posted by Stormborn:
Originally Posted by Ronald Sugrim:

Bhai he said he had a meeting with the police the day before the march and he told them not to use live bullets. And they agreed. You can listen to Rohee saying so on the Capitol News website.

He should have told them to take the water cannon, present themselves in riot gear and in sufficient numbers to quell a raucous crowd in event they were needed. This is the second time in 10 months that they shot at protesters.

 

The first time saw no reprimand, no policy revisions no public service announcement or press release that it was unacceptable procedures. He facilitated a culture of disrespect for citizens and is obviously not sufficiently authoritative in the eyes of his men that they are convinced he give them an order.

 

Why should anyone listen to him now when he had a year since the last overly aggressive and heavy handed behavior of people under his charge?

That's not HIS job.  He has an entire institutional decision-making infrastructure with the tactical and operational experts whose job it is to carry out the day to day business of the state.

 

This is why they need an independent investigation.  You are very very simple minded in your approach.  You probably forgot how to shoot a poison dart and yet have to learn to think.  Then what use are you?

Base, your racism is showing and moreso scorn for the First Nation People. It also reflects the mentality at Freedumb House.

Mitwah
Originally Posted by Ronald Sugrim:

Bhai he said he had a meeting with the police the day before the march and he told them not to use live bullets. And they agreed. You can listen to Rohee saying so on the Capitol News website.

This is interesting indeed. Not only the police commisioner the ranks aren't listening to, but the home affairs minister as well. Kinda makes you want to ask this question.
Who's in charge of the force.

Sheik101
Originally Posted by Mitwah:
Originally Posted by baseman:
That's not HIS job.  He has an entire institutional decision-making infrastructure with the tactical and operational experts whose job it is to carry out the day to day business of the state.

 

This is why they need an independent investigation.  You are very very simple minded in your approach.  You probably forgot how to shoot a poison dart and yet have to learn to think.  Then what use are you?

Base, your racism is showing and moreso scorn for the First Nation People. It also reflects the mentality at Freedumb House.

He is an anti-indo racist, so are many here and I dish back what they dish out.  I like buck girls.

 

They can talk about Indians directly or veiled and you all just sit and take it, agree or hide in a corner.  Banna, I ain't racists and I openly criticize the PPP for not having more Afros in representative positions.  I was also critical of their assertion of not having qualified blacks, which I don't agree.

 

However, on the same token, I will not take shyte or close my eyes to reality.  Reality, the PNC wants to regain power and re-establish a pre-1992 power structure, that's without a doubt.  The AFC is just their latest "UF".

FM
Originally Posted by Stormborn:
Originally Posted by baseman:
That's not HIS job.  He has an entire institutional decision-making infrastructure with the tactical and operational experts whose job it is to carry out the day to day business of the state.

 

This is why they need an independent investigation.  You are very very simple minded in your approach.  You probably forgot how to shoot a poison dart and yet have to learn to think.  Then what use are you?

 Then why the hell was he meeting with them to talk of this issue? Do you not think he would have asked about preparedness for the task or is he another of the PPP post squatters that are good for nothing?

Jackass, he is not involved day-to-day, but high-level briefing are in-order. It's not for him to tell the ranks what to do ball-by-ball.  He also cannot control how they behave in the "heat of battle", as such the need for an investigation and review of procedure.

 

With all that I'm not in agreement with the position of the Lindeners, I do believe the force was disproportionate, if it was actually the police who shot!

FM
Originally Posted by baseman:
Originally Posted by Stormborn:
Originally Posted by baseman:
That's not HIS job.  He has an entire institutional decision-making infrastructure with the tactical and operational experts whose job it is to carry out the day to day business of the state.

 

This is why they need an independent investigation.  You are very very simple minded in your approach.  You probably forgot how to shoot a poison dart and yet have to learn to think.  Then what use are you?

 Then why the hell was he meeting with them to talk of this issue? Do you not think he would have asked about preparedness for the task or is he another of the PPP post squatters that are good for nothing?

Jackass, he is not involved day-to-day, but high-level briefing are in-order. It's not for him to tell the ranks what to do ball-by-ball.  He also cannot control how they behave in the "heat of battle", as such the need for an investigation and review of procedure.

 

With all that I'm not in agreement with the position of the Lindeners, I do believe the force was disproportionate, if it was actually the police who shot!

 He is the minister with oversight and ought to know what is under his charge and how those in the field are informed on his authority.

 

FM

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