Hicken acting as Top Cop

Diktators doan need to consult with anyone.

What's his age or how many more years to retirement?

@Mitwah posted:

What's his age or how many more years to retirement?

The retirement age is 55yrs. His retirement age will be next year .

Nothing improper about someone performing the functions of Commissioner of Police

Mar 29, 2022

Features / Columnists, Peeping Tom

Kaieteur News – The Constitution of Guyana provides that for someone to be appointed as Commissioner of Police, there must be consultations between the President and the Leader of the Opposition, and between the President and the Chairperson of the Police Service Commission after the Chairman would have consulted with his or her Commission.
Agreement is not required, only consultations.
The Constitution also provides that someone may be appointed to act as Commissioner of the office, if the office is vacant or the Commissioner is unable to perform his functions for whatever reason. Again agreement is not required, only consultations.The previous substantive Commissioner of Police was Mr. Leslie James. Since his retirement, no substantive Commissioner of Police has been appointed. James is reported to have proceeded on pre-retirement leave in August 2020 and his leave was supposed to end at the end of April 2021.
It is therefore, only in April 2021, or whichever date Commissioner’s James retirement took effect that a vacancy would have existed in the office of the Commissioner. In his absence, Nigel Hoppie was appointed to perform the duties of Commissioner of Police.
Hoppie could not have been immediately appointed in August 2020 as acting Commissioner or Commissioner because it was not until April 2021 that a vacancy existed in the office of Commissioner.
Hoppie could not have subsequently been appointed as acting Commissioner of Police or Commissioner of Police because of the problems with the appointment of a Police Service Commission.
A distinction must be made between a person performing the duties of Commissioner of Police and someone acting as Commissioner of Police. Until such time as there is vacancy in the office of Commissioner of Police, no substantive Commissioner or acting Commissioner can be appointed.
At present, the situation is compounded because even an acting appointment cannot be made since this involves consultations with both the Leader of the Opposition and the Chairperson of the Police Service Commission. At present, there is no Leader of Opposition and no Chairperson of the Police Service Commission.
In the absence of either, a substantive or an acting appointment being made, the Guyana Police Force cannot be left headless. The Constitution or Laws of Guyana would not contemplate a situation in which someone cannot be allowed to perform the functions of the Commissioner of Police. As such, someone can always be appointed to perform the duties of Commissioner. That person is neither the substantive Commissioner nor the acting Commissioner, even though it is commonplace for the media and even politicians to refer to that person as acting Commissioner of Police.
It is proper that a person be appointed to perform the functions of Commissioner of Police until such time as a Commissioner or acting Commissioner is appointed. The Guyana Police Force cannot be left without a head.
After Seeelall Persaud was sent on leave, David Ramnarine performed the functions of Commissioner. The media immediately began to refer to him as acting Commissioner but legally he was merely performing the functions of Commissioner. It was afterwards that he was appointed as acting Commissioner of Police following formal consultations between President David Granger and then Leader of the Opposition, Bharrat Jagdeo, and the President and the Chairman of the Police Service Commission.
There is therefore no controversy brewing about Mr. Clifton Hicken’s appointment. He can be asked to perform the functions of Commissioner of Police until such time as he is appointed either as acting Commissioner of Police or Commissioner of Police.
It is inconceivable that the Constitution and the law would allow for a situation to exist in which the Police Force would not have someone to head its operations. As such, there is nothing improper about the appointment of someone to perform the functions of Commissioner.
That person, however, cannot be legally be deemed as the acting Commissioner. Such an appointment, if necessary, must await formal consultations, which will be done as soon as Parliament settles the business of the nominees to the Police Service Commission and overcomes the imbroglio surrounding the appointment of a Leader of the Opposition.
(The views expressed in this article are those of the author and do not necessarily reflect the opinions of this newspaper.)

“A doctrine of necessity” – Pres. Ali on appointment of acting Top Cop

President Dr Irfaan Ali

President Dr Irfaan Ali said the decision to appoint acting Deputy Commissioner in charge of operations, Clifton Hicken to act in the capacity of Police Commissioner is “a doctrine of necessity.”

The Head of State believes that it is impossible for the nation to remain without a Police Commissioner, especially since Police Commissioner (ag) Nigel Hoppie will be proceeding on retirement leave within days.

President Ali made the statement Monday evening, while engaging journalists on the sidelines of the launch of the master’s degree programme in strategic development studies, at the University of Guyana, Turkeyen Campus, Georgetown.

“There is something called the doctrine of necessity, should I allow the country to function without an acting commissioner There is a doctrine of necessity and in the doctrine of necessity, I appointed an acting commissioner,” Dr. Ali emphasised.

The President pointed out that there are several other senior officers in the force who will function as deputies.

“There are a number of deputies. Hicken was deputy operation, you have deputy admin, you have the crime chief and then you have (Senior Superintendent Ravindradat) Budhram,” the President added.

Hicken’s appointment takes effect on March 30, 2022.

If there is no Opposition Leader, who is Govt to consult? – lawyer on Top Cop

Clifton Hicken’s appointment as acting Police Commissioner has not gone down well with some quarters, with the People’s National Congress Reform (PNCR) sending out a statement on Monday expressing concerns.

According to the PNCR in their statement, Article 211 (1) of the Constitution requires meaningful consultation with the Opposition Leader and Chairperson of the Police Service Commission on the appointment of the Top Cop.

However, Guyana has been without an Opposition Leader since January of 2022, when former Opposition Leader Joseph Harmon resigned the role. Harmon further resigned from Parliament itself earlier this month.

PNCR Leader Aubrey Norton, who was elected by the PNCR as leader since December of 2021, is yet to even step foot in Parliament.

This is despite the resignations of Harmon and Nicolette Henry, whose resignation doesn’t take effect until the end of March.

In an interview with this publication, prominent Attorney-at-Law and Member of Parliament (MP) Sanjeev Datadin pointed out that due to the fact that Hicken is acting as Commissioner of Police, there is no constitutional requirement for consultations.

Calling it “a misunderstanding on their part of the meaning and import of the legislation and Constitution”, Datadin further noted that while the APNU/AFC continues on without an Opposition Leader, the country’s business cannot remain at a standstill.

“The Constitution, in simple English, requires consultation for the appointment of a Commissioner. And there is no way that the appointment of a Commissioner arises at this point. This is utterly preposterous logic,” Datadin said.

“Are they saying the Government must go and appoint their Opposition Leader? They don’t want to have an Opposition Leader, that’s their problem. The Government must still carry on and do the job it must. If there is no Opposition Leader, who are we to consult?”

Hicken was appointed to the helm of the Guyana Police Force in an acting capacity as the current acting Top Cop Nigel Hoppie proceeds on pre-retirement leave.

So we have had actors before him. He will act until he reaches the age of retirement in a year. After then the stupid nonsense will go on by the lack of vision Installed GOG. Sad!

Why the holding on to the Colonial style Uniforms? In Canada we have done away with it.

@Mitwah posted:

So we have had actors before him. He will act until he reaches the age of retirement in a year. After then the stupid nonsense will go on by the lack of vision Installed GOG. Sad!

Why the holding on to the Colonial style Uniforms? In Canada we have done away with it.

Ooooiiiiii Mitwah ...

In every part of the world, there are individuals in Acting positions until those posts are filled by apt process.

In this specific situation, there is no Leader of the Opposition in parliament, hence with whom should consultation be conducted by the government.

Hicken takes charge – Shakes up senior management, commanders

Mar 31, 2022 News -- Source -- Kaieteur News Online -- https://www.kaieteurnewsonline...nagement-commanders/

Kaieteur News – Days after being appointed to acting Commissioner of Police Clifton Hicken has already begun to put his stamp on the Force by making several changes in the senior management and command structure level of the Guyana Police Force.

Commissioner of Police (ag) Clifton Hicken and Home Affairs Minister, Robeson Benn

President Dr. Irfaan Ali on Monday appointed Mr. Hicken to act in the Office of the Commissioner of Police in the Guyana Police Force. The appointment takes effect today (Wednesday, March 30, 2022). Prior to the appointment, Mr. Hicken was performing the duties of Deputy Commissioner ‘Operations’.

Former Commissioner of Police (ag) Mr. Nigel Hoppie, DSM, proceeded on pre-retirement leave on Sunday, March 27, 2022.

Meanwhile, on Wednesday, Hicken moved Senior Superintendent R. Budhram as head of Special Branch and posted him to perform the functions of Deputy Commissioner Operations.

Also Senior Superintendent Errol Watts moved from Commander Police Regional Division #3 to head Special Branch. Senior Superintendent M. Siewnarine moved from Commander Police Regional Division #4 ‘B’ to Commander Police Regional Division #3; Woman Superintendent D. Griffith moved from Commander Police Regional Division #2 to Commander Police Regional Division #4 ‘B’; Superintendent S. Bacchus moved from Force Training Officer to Commander Police Regional Division #2 and Superintendent K. King moved from Second in-Command Regional Division #4 ‘B’ to Force Training Officer (temporary).

BREAKING: Chief Justice upholds President’s appointment of Clifton Hicken as acting Top Cop

Chief Justice (ag) Roxane George, SC, on Thursday, ruled that President Dr Irfaan Ali constitutionally resorted to appointing Deputy Commissioner of Police Clifton Hicken to act as the country’s Police Commissioner, noting that the Head of State’s decision was “reasonable”.

The ruling came on application against the State by APNU+AFC Chief Whip Christopher Jones, who had sought the quashing of Hicken’s appointment on the ground that the Head of State violated Articles 211 (1) and 211 (2) of the Constitution of Guyana when he failed to “meaningfully consult” with the Opposition Leader on making the appointment.

Chief Justice Roxane George

Since there was no Opposition Leader with whom the President must consult and no Police Service Commission (PSC), Justice George held that President Ali was obligated to appoint someone to fill the post in the interest of the nation and the Guyana Police Force (GPF).

In conclusion, the Chief Justice, dismissed Jones’s application, labelling it “vexatious and an abuse of the court process”. She also made an order for cost against him.

President Dr Irfaan Ali

Article 211 (1) mandates that “the Commissioner of Police and every Deputy Commissioner of Police shall be appointed by the President acting after meaningful consultation with the Leader of the Opposition and the Chairperson of the Police Service Commission after the Chairperson has consulted with the other members of the Commission”.

Meanwhile, provisions for a person to act in the office of the Police Commissioner are outlined under Article 211 (2) of the Constitution, and the provisions contained in Article 211 (1), shall apply to such an appointment as they apply to the appointment of a person to hold that office.

Acting Top Cop, Clifton Hicken

Hicken’s appointment took effect from March 30. At that time, the Office of the Opposition Leader was vacant following the resignation of Joseph Harmon on January 26. Aubrey Norton—Leader of the PNCR—was appointed Opposition Leader on April 13. The tenure of the previous PSC expired on August 8, 2021; it was reconstituted on May 31 by President Ali.

Opposition appeals Chief Justice’s ruling on appointment of acting Top Cop

…says decision “erred in law” on over 30 grounds

Acting Top Cop, Clifton Hicken

Less than one week after Chief Justice Roxane George upheld President Dr Irfaan Ali’s appointment of Clifton Hicken as Commissioner of Police, APNU/AFC Chief Whip Christopher Jones has moved to challenge the decision in the Court of Appeal.

Last Thursday, Justice George dismissed an application filed by Jones, ruling that the President did not violate the Constitution earlier this year when he appointed then Deputy Commissioner Hicken to act as the country’s Police Commissioner.

The Opposition Chief Whip had asked the High Court to nullify Hicken’s appointment, primarily on the ground that, prior to the appointment, the Head of State failed to “meaningfully consult” with the Opposition Leader as is required by the Constitution.

Article 211 (1) of the Constitution mandates that “the Commissioner of Police and every Deputy Commissioner of Police shall be appointed by the President acting after meaningful consultation with the Leader of the Opposition and the Chairperson of the Police Service Commission [PSC] after the Chairperson has consulted with the other members of the Commission”.

Opposition Cheif Whip, Christopher Jones

Meanwhile, provisions for a person to act in the office of the Police Commissioner are outlined under Article 211 (2) of the Constitution, and the provisions contained in Article 211 (1), shall apply to such an appointment as they apply to the appointment of a person to hold that office.

However, when Hicken’s appointment took effect on March 30, the Office of the Opposition Leader was vacant following the resignation of Joseph Harmon from the post on January 26. Aubrey Norton, the current Leader of the PNCR, was appointed Opposition Leader on April 13. Additionally, the previous PSC had expired on August 8, 2021, and was not reconstituted until May 31 this year.

In light of these circumstances, Justice George, in dismissing Jones’s case, held that President Ali could not be faulted for moving ahead with the appointment because, at that time, there was no Opposition Leader with whom he is constitutionally required to consult. In the absence of an Opposition Leader and the PSC, she ruled that the Head of State acted “out of necessity”, and in the interest of national security, adding that it was reasonable for him to take action in his “own deliberate judgement”.

Chief Justice Roxane George

But in this appeal, Jones is contending that the Chief Justice erred in law when she held that the President was vested with the authority to make an acting appointment to the office of Commissioner of Police under Article 111 of the Constitution of Guyana.

“The Learned Chief Justice (ag.) erred in law when she found that the President of Guyana could have acted out of necessity and exercised his own deliberate judgment pursuant to Article 111 of the Constitution to make an appointment for a person to act in the office of Commissioner of Police,” another ground in the appeal stated.

It is also being argued that Justice George again erred in law when she found that there was no material difference between an appointment “to act” and “to perform” the functions of the office of the Police Commissioner.

The Notice of Appeal further detailed that the Chief Justice erred in law when she misconstrued Article 232 (2) of the Constitution and found that the terms “to appoint a person to act or to perform the functions of that office…” were used interchangeably and not disjunctively.

In addition, Jones is claiming that CJ George also erred in law when she did not direct her mind properly to Article 232 (2) of the Constitution which provides that the terms of Article 232 (2) of the Constitution was only applicable “unless it was otherwise provided or required by the context” and that in the circumstances of the instant case the Constitution did expressly otherwise provide or require by its context that the President’s power to appoint a person to the office of Commissioner of Police to act was conditional on meaningful consultation as required by Articles 211 and 232 of the Constitution.

Another ground listed in the appeal states that the Chief Justice also “…erred in law by finding that the President could have made an acting appointment to the office of Commissioner of Police without meaningful consultation is destructive to the specific Constitutional design and principles underpinning the Constitution.”

Moreover, it was argued that Justice George’s “…conclusion that the acting appointment by the President to the office of Commissioner of Police was a temporary appointment is an improper conclusion as the said explanation did not emanate from the President at the time of making the said appointment.”

Police Commissioner (ag) Clifton Hicken

The Appeal, which lists a total of 35 grounds, was filed by Roysdale Forde, SC, and listed Attorney General Anil Nandlall, SC, and Police Commissioner Hicken as the respondents.

AG Nandlall had always maintained that the President acted lawfully. He contended that after then Police Commissioner (ag) Nigel Hoppie proceeded on retirement leave, the Guyana Police Force, which has never been without a head in its 183 years of existence, could not have been left without a leader, and as such, the President after “looking around” and finding no one to consult with, had to make a “judgement call” to appoint someone to fill the post.

Meanwhile, the Chief Justice had concluded in her ruling that, “There could be no disregard of and thereby a breach of the requirement for meaningful consultation when it was impossible to so engage. [Jones] therefore, is relying on an impossibility to ground the claim of unconstitutionality…this application is vexatious and an abuse of the process of the court.”

In dismissing Jones’s application, she declared that Hicken was appointed lawfully and ordered Jones to pay court costs to Nandlall and Hicken, which has since been proposed as $3 million each.

Guyana has more actors than Hollywood or Bollywood.

CJ upholds appointments of Police Service, Integrity Commissions

Chief Justice (ag) Roxane George

Chief Justice (acting) Roxane George has ruled that President Dr Irfaan Ali’s appointment of the Integrity Commissions is lawful, while also applying the de facto doctrine to the appointment of the Police Service Commission, which she ruled was not properly constituted, in order to preserve its decisions.

These decisions relate to the appointment of Clifton Hicken as acting Police Commissioner as well as the recent police promotions.

The Chief Justice handed down her ruling earlier today in a legal challenge that was brought by Opposition Leader Aubrey Norton.

In the case of the Integrity Commission, the Chief Justice noted that the President followed Article 232 of the Constitution in his efforts to consult with the Opposition.

According to the Chief Justice, however, the President’s efforts were not reciprocated in a reasonable manner by Norton, who she noted had all the necessary information to determine if the nominees for the Commission were suitable. As she put it, it takes two hands to clap.

When it comes to the Police Service Commission, the Chief Justice ruled that the entity was improperly constituted. She noted, however, that there is no evidence to suggest that the Commission knew it was not properly constituted.

As such, she noted that it would not be wise to say that all of the Commission’s actions are nullified. Additionally, the Chief Justice noted that there is no claim in the application seeking to nullify all the Commission’s actions, nor will she exercise her discretion to grant such an order. She went on to apply the de facto doctrine to preserve the Commission’s actions.

With Pastor Patrick Findlay as Chairman, the new members of the PSC are: Attorney-at-Law Mark Conway, and businessmen Ernesto Choo-a-Fat, and Hakeem Mohammed.

Meanwhile, the Integrity Commission has Demerara Bank Corporate Secretary Chandra Gajraj as Chairperson, along with Mohamed Haniff, lawyer and former Solicitor General Kim Kyte-Thomas, Hardesh Tiwari, and Reverend Wayne Chris Bowman as members.

The two constitutional commissions were appointed on May 31.

Article 210 of the Constitution mandates that “the Police Service Commission shall consist of – a Chairman appointed by the President acting after meaningful consultation with the Leader of the Opposition from among members appointed upon nomination by the National Assembly”.

Norton, who is also the leader of the PNCR—the largest party in the APNU/AFC coalition—contended that he was not afforded a “reasonable opportunity” to express a considered opinion on the matter of consultation concerning the appointments of the PSC and Integrity Commission.

He deposed that President Ali did not provide adequate information to him in respect of the President’s rationale, reasons, and/or grounds having regard to the respective persons’ suitability and/or competence for appointment to the respective public offices.

Aubreying Narton who refused to shake hands with the President, The Honorable Dr. Mohamed Irfan Ali, should now go and bow down to him.

Norton appeals CJ’s ruling on appointments of PSC Chairman, Integrity Commission

President Dr Irfaan Ali and Opposition Leader Aubrey Norton

Contending that acting Chief Justice Roxane George erred and misdirected herself in law in upholding President Dr. Irfaan Ali’s appointment of Patrick Findlay as Chairman of the Police Service Commission (PSC) as well as his appointment of the Integrity Commission, the APNU-AFC has filed an appeal.

The action brought in the name of Opposition Leader Aubrey Norton, which was filed on Monday, lists 11 grounds upon which the party is seeking to have Chief Justice Roxane George’s ruling overturned by the Guyana Court of Appeal.

Opposition Leader Aubrey Norton

In her ruling delivered virtually on August 23, the Chief Justice dismissed Norton’s bid to have the President’s appointments of Police Service Commission (PSC) Chairman Patrick Findlay and the Integrity Commission annulled, on the basis that the Head of State did not engage him in the constitutionally required meaningful consultation.

Both constitutional commissions were appointed on May 31.

But in finding that the President acted lawfully in appointing Findlay, and by extension the new PSC, she held there was procedural fairness and that the consultation process between President Ali and Norton was “sufficient”.

Patrick Findlay and President Dr Irfaan Ali

Even though the PSC was lawfully appointed, she, however, found that it was not properly constituted in the absence of a Chairperson for the Public Service Commission —another constitutional commission that is still to be set up and which is vital to the reconstitution of the PSC.

In the circumstances, she applied the defacto doctrine to give legality to all actions taken by the PSC, including its recent promotion of dozens of senior Police officers.

The Opposition is, however, dissatisfied with the Chief Justice’s ruling except for her finding that the PSC was not properly constituted.

In the case of the appointment of the Integrity Commission, the Chief Justice noted that the President had followed Article 232 of the Constitution in his efforts to consult with the Opposition as well as the Integrity Commission Act.

Chief Justice Roxane George

Besides Findlay as Chairman, Attorney-at-Law Mark Conway and businessmen Ernesto Choo-a-Fat and Hakeem Mohammed are the other members of the new PSC.

The Integrity Commission has Demerara Bank Corporate Secretary Chandra Gajraj as Chairperson; along with Mohamed Haniff; Dr Kim Kyte-Thomas, lawyer and former Solicitor General; Hardesh Tiwari, and Reverend Wayne Chris Bowman as members.