@Former Member posted:

Suspended PSC files constitutional action against President, Top Cop and others

By Editor On Jul 20, 2021, Source - https://newsroom.gy/2021/07/20...-top-cop-and-others/

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

The PSC was suspended by President Ali on the June 16, 2021.

The Police Service Commission

Section 210 -- sub-section ( 3 )

(3) The provisions of article 225 (which relate to removal from office) shall apply to the office of an appointed member of the Police Service Commission. In the case of an appointed member other than the Chairman, the prescribed authority for the purposes of paragraph (4) of  that article shall be the Prime Minister or the Chairman and for the purposes of paragraph (6) of that article shall be the Chairman. In the case of the Chairman the prescribed authority for the purposes of paragraphs (4) and (6) of article 225 shall be the Prime Minister.

Removal from office of certain persons

Section ( 4 ) and ( 6 )
[17 of 2000]

(4) If the prescribed authority advises the President that the question of removing the officer from office under this article ought to be investigated then —
    (a) the President shall act in accordance with the advice of the Judicial Service Commission, in appointing a tribunal which shall consist of a Chairman and not less than two other members, selected by the Judicial Service Commission from
among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court or who are qualified to be admitted to practice in Guyana as attorneys-at-law and have been so qualified for such period as is prescribed by Parliament for the purposes of subparagraph (b) of article 129(1) in relation to the office of Puisne Judge; and

   (b) that tribunal shall enquire into the matter and report on the facts thereof to the President and recommend to him whether the officer ought to be removed under this article.

(6) If the question of removing the officer from office has been referred to a tribunal under this article, the President, acting in accordance with the advice of the prescribed authority, may suspend the officer from performing the functions of his office, and any such suspension may at any time be revoked by the President, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the President that the officer should not be removed from office.

Source - Guyana Constitution - http://www.oas.org/juridico/sp...guy_constitution.pdf

President’s PSC suspension order challenged in court

Jul 21, 2021 News, Kaieteur News Online - https://www.kaieteurnewsonline...challenged-in-court/

Kaieteur News – Chairman of the Police Service Commission (PSC), Paul Slowe, along with other members of the Commission, have opted to challenge their suspension order in the High Court, seeking to have it revoked.

The application challenging the suspension order was filed yesterday by lawyers Selwyn Pieters, Dexter Todd and Dexter Smart, on behalf of the suspended PSC members.

The PSC has been suspended since June 16 by President, Mohamed Irfaan Ali. Ali’s move to suspend the PSC was made after two “show cause” notices were sent to Slowe and one other Commissioner, Clinton Conway, by Prime Minister, Mark Phillips.

The men, both Retired Assistant Commissioners of the Guyana Police Force were asked to ‘show cause’ to Phillips as to why he should not follow the advice of the President to remove them from the PSC.
Phillips had done this after, Slowe, Conway and others were charged for defrauding the Guyana Police Force (GPF) of $10M. Slowe was also accused of sexually assaulting a female cop on three occasions.

Based on the court document seen by Kaieteur News, the PSC is, inter alia, seeking a declaration from the court that the purported suspension of Chairman Slowe and its members from performing their functions in their respective offices by Ali is contrary, or in violation to the Constitution of Guyana.

According to the document, the sections of the Constitution that the PSC is referring to are Articles 226(6) and 223(10).

Should the court find that it is indeed contrary to the law then Slowe and his colleagues want the suspension order revoked. Apart from this, Slowe and Conway are also asking the court to declare that the Prime Minister’s recommendation to the President for them to be removed is unlawful.

The PSC also wants the High Court to declare that Slowe, Conway and others remain competent and responsible to fulfill their constitutional mandate, including the appointments of any officers in the Guyana Police Force (GPF) of or above the rank of inspector in accordance with Article 212(1) of the Constitution.

A court order is also being sought by the PSC for the Acting Commissioner of Police, Nigel Hoppie, to act on a list it had provided with names of officers to be promoted.

Two weeks after the PSC was suspended, Chief Justice, Roxane George-Wiltshire, had thrown out a case filed by Senior Superintendent of Police, Calvin Brutus, and other senior officers blocking the promotion his colleagues.

Following the ruling, Slowe had written the Top Cop asking him to act on the promotion list for police officers that the PSC had published. Slowe also threatened legal action against Hoppie if he failed to respond to his letter. However, the Top Cop never publicly acknowledged or responded to Slowe.

Attorney General and Minister of Legal Affairs, Anil Nandlall, on behalf of the Government of Guyana had stated that the said decision of the President can only be rescinded, revoked, set-aside or reversed by the President himself, or by a court of competent jurisdiction.