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This illegal police promotions list is bloated, inaccurate and misleading.

July 6 ,2022

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Dear Editor,

I learned with utter dismay that the illegal and not fully constituted Police Service Commission led by pastor, Patrick Findlay unlawfully promoted two hundred and fifty-three members of the Guyana Police Force ranging from inspectors to assistant commissioners. This is a flagrant violation of the letter, spirit and intent of some of the most sacrosanct constitutional procedures. According to the Constitution of the Co-operative Republic of Guyana, the Police Service Commission shall consist of five members. Only four were unconstitutionally sworn as members of the Commission. There was no meaningful consultation between the President and the Leader of the Opposition before the members were appointed and sworn by the President which is a clear violation of Article 210 of the Constitution.  The fifth member must be the Chairman of the Public Service Commission. There is no Public Service Commission. The last Public Service Commission’s life ended over one year ago, so at this time there is no Chairman to be sworn to fully constitute the Police Service Commission. The Minister of Governance, Gail Teixeira recently wrote the Leader of the Opposition, Aubrey Norton inviting him to have consultation with the President in relation to the Police Service Com-mission and other Commissions on July 4, 2022. This is a belated effort to legalise the appointments of the members of the Commission. Only when the Police Service Commission is fully constituted can it be operational and then set a quorum to carry out its work.

Here is what Article 210 (1) of the Constitution states about the composition of the Police Service Commission, “The Police Service Commission shall consist of – (a) a Chairman appointed by the President after meaningful consultation with the leader of the opposition from among members appointed under subparagraph (c); (b) the Chairman of the Public Service Commission; (c) four members appointed by the President upon nomination by the National Assembly after it has consulted such bodies as appear to it to represent the majority of the members of the Police Force and any other such body it deems fit;

Providing that a person should be disqualified for appointment as a member of the Commission if he or she is a public officer. “

It is apposite to note that since there are only four members of the Commission it is not fully and properly constituted, so any action taken by the installed Chairman and other members must be deemed null and void. When you are illegal and you try your illegal best you are still illegal.

On Friday, July 1, 2022 during a media interview with one of the

public relations officers of the person who sits in the seat of the Commissioner of Police, the installed Chairman of the Commission posited that he was awaiting the list of persons recommended for promotion from the Commissioner. Lo and behold in ‘labba time’ the Commission unlawfully announced the list of two hundred and fifty-three promotions on Sunday, July 3, 2022. Certainly, there was not enough time for the illegal Commission to look at individual files to check for among other things: nominees with disciplinary and other matters pending investigation; persons recently convicted for breaches of disciplinary offences; those who passed the Appropriate Qualifying Examinations, seniority, education qualification, merit and ability, together with efficiency and experience; and to be guided by the principles of selection for promotion  imbedded in the Public Service Commission Rules that are enshrined in Article 29 (1 – 3) of the Constitution.

A cursory look at the list of promotions revealed that several of the very senior officers promoted  have disciplinary and other matters pending against them which the Chief Justice ruled is a bar to promotion; numerous supersessions without justification took place;  of the twenty-one officers who were elevated to superintendents, fifteen were assistant superintendents and one was an  inspector (unprecedented); one sergeant who did not even write the Appropriate Qualifying Examination was promoted to assistant superintendent;  there were many other promoted ranks who did not pass or even write the Appropriate Qualifying Examination;  Sergeant Dameion Mc Lennon who was promoted to the rank of Cadet officer and  who was under investigation in relation to the murder of Quindon Bacchus  will be facing the Court on a criminal charge of attempting to obstruct the course of justice. There are many more irregularities.

Apparently there was no proper vetting of the list sent to the Commission. The list is like the voters list – bloated, inaccurate and misleading. It should have been properly sanitised by the police and the Commission.

Some senior officers have boasted that the list sent to the Commission returned to the police  in quick time with the desired approval. Perhaps, slow time would have been better.

The Commission in collaboration with the police has invoked the spirit of Dr. Peter Principles and promoted a lot of incompetence.

Hope that urgent legal action will be taken to correct this miscarriage of justice and sad state of affairs.

I pray that God will help the Guyana Police Force.

Yours respectfully,

Clinton Conway

Assistant Commissioner of Police

(Retired)

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Norton and Slowe write CJ for urgent hearing of challenges over Police Service Commission

-voice concern at recent promotions

July 6, 2022

Source

Chief Justice Roxane George-Wiltshire SC

Chief Justice Roxane George-Wiltshire SC

Opposition Leader Aubrey Norton, retired Assistant Commissioner of Police Paul Slowe and APNU+AFC MP Christopher Jones have written to the Chief Justice asking for urgent hearings regarding their respective matters on the appointment of the Chairman of the Police Service Commission (PSC)—an injunction to halt any promotion of members of the Guyana Police Force (GPF) by the new PSC—and President Irfaan Ali’s appointment of Clifton Hicken as the acting Commissioner of Police.

Norton and Slowe in particular have expressed concern with recent promotions of members of the GPF by the new PSC.

Through attorney Selwyn Pieters, one of the battery of attorneys representing the litigants in their various actions, they have argued that with existing matters currently before the courts and yet to be decided on, there should have been no promotions.

Slowe has applied to High Court Judge, Justice Gino Persaud for an injunction to halt any promotion of members of the Guyana Police Force (GPF) by the new Police Service Commission (PSC).They have expressed concern that their actions complained of “are an end run around the various legal matters before the Supreme Court of  Judicature and that the actions taken by the Police Service Commission and Mr. Hicken may render nugatory any future orders granted by the Courts in respect to the above.”

“We are requesting an urgent omnibus hearing of these applications so that the appropriate orders may be made to ensure the applicants’ rights, interests and remedies are not prejudiced,” they say in their letter to acting Chief Justice Roxane George SC.

Last week Norton among other things filed an action challenging the appointment of Patrick Findlay as chair of the PSC and is arguing that the appointment is “illegal, null, void and of no legal effect” and wants the Court to so declare.His main contention is that President Irfaan Ali did not “meaningfully consult” him before making the appointments as is required by law.Norton wants the Court to declare what he calls the President’s “termination of the consultation process,” as being “arbitrary, unreasonable and unconstitutional.”

Pending the hearing and determination of his application, the Opposition Leader also wants an order “staying any process of meaningful consultation.”Early last month, Norton had said that he would be approaching the Court, to seek an interpretation of the term “meaningful consultation,” even as he then challenged President Ali’s appointment of the PSC.Meanwhile, Slowe had applied to High Court Judge, Justice Gino Persaud for an injunction to halt any promotion of members of the Force by the new PSC.

He has particularly contended that no promotion could be allowed to proceed in light of his previous challenge which is still pending before the High Court, to last year’s suspension by the President, of the PSC.In the circumstances, Slowe is seeking an injunction restraining the Commission, the Prime Minister and the Attorney General who are listed as Respondents, from promoting or publishing a promotions list for members of the GPF, until the matter he previously filed has been fully dispensed with.

Promotions have since occurred.

Slowe is arguing that with his initial action yet to be determined by Justice Persaud, an injunction is necessary at this stage for preserving the status quo of the proceedings as well as that of the Guyana Police Force.He had advanced that if an injunction is not granted and the new Police Service Commission is allowed to promote members of the Force, there will be “inevitable difficulty” when the promotions from the previous list are effected in consideration for promotion to a higher rank.

He has said, too, that there will be inevitable difficulty regarding such promotions which would be “backdated,” and will cause future problems as to who will be entitled to be Commanders and even the Commissioner of Police.Following the announcement of Hicken’s appointment, the People’s National Congress Reform (PNCR) had warned that it will be moving to the courts over what it said was the “illegal” appointment of Hicken.

The PNCR reminded the Government of the Public Service Rule which states that acting appointments must be given to the most senior officer. “Based on the current structure and line of statutory succession, Deputy Police Commissioner Paul Williams remains the next in line.  Mr Clifton Hicken is an Assistant Commissioner and therefore, is junior in rank to Mr Williams,” the party said.

In May, APNU+AFC Chief Whip Christopher Jones moved to court to challenge the appointment of Clifton Hicken as acting Commissioner of Police. In a Fixed Date Application, Jones contends that the invocation of the Doctrine of Necessity for the appointment is unreasonable and ultra vires. He also contends that the appointment violates Article 211(1) and 211(2) of the Constitution.After already appointing Hicken as the acting Commissioner of Police citing the doctrine of necessity, President Ali late last week moved to invite Norton to make written submissions on the appointment.In a letter dated June 29, 2022, Minister of Parliamentary Affairs and Governance Gail Teixeira informed Norton that Nigel Hoppie, who was performing the functions of Commissioner of Police, proceeded on pre-retirement leave on March 30, 2022. She added that since there was no active Police Service Commission and Leader of the Opposition at the time, a decision had to be taken by the President.

Through Forde, Norton in a letter on Monday said he is seeking answers from Ali about the constitutional basis for his appointment of Hicken as the acting Police Commissioner.

Django

Minister Benn, PSC Chairman, Top Cop meet with newly promoted Officers and Inspectors

Jul 06, 2022 News -- Source - Kaieteur News Online -- https://www.kaieteurnewsonline...cers-and-inspectors/

Kaieteur News – On Tuesday, Minister of Home Affairs, Robeson Benn, MP, Acting Commissioner of Police, Clifton Hicken, and Police Service Commission (PSC), Chairman Bishop Patrick Findlay met with the newly promoted officers and inspectors of the Guyana Police Force (GPF) at the Officers’ Training Centre, Eve Leary.

While congratulating the newly promoted Officers and Inspectors, Minister Benn reminded them of the huge responsibilities placed on them by virtue of their promotion. “I want to congratulate all of you for being promoted and for staying and standing during a particularly difficult period in our history where somehow all of us, particularly the police force, were challenged in respect of mission paradigm and doctrine and professional standards as to what you had to do as your duty to your country, to the Constitution and to the people of Guyana,” Minister Benn stated.

Acting Commissioner of Police, Hicken, in a brief and passionate charge, said this is a momentous time for the Force and the promotion should be seen as the “dawn of a new era for the Guyana Police Force.”  He began his congratulatory speech to the officers by saying, “Much is given, much is expected and this long-awaited promotion was waiting on God’s time.”

Newly promoted ranks of the Police Force were congratulated at a special event on Tuesday.

Further, the Top Cop noted that ethical standards and ethical behaviour must be exhibited from the echelon of the Police Force. Highlighting the importance of the Force’s Executive Leadership Team (ELT), the Top Cop told the promoted officers that the ELT has spent a considerable amount of time in deriving structures, putting together the strategic plan, and looking at Standard Operating Procedures and Terms of References to guide the Guyana Police Force.

“We are not going to allow a few policemen and women to tarnish the image of this organisation. As we witnessed the other day, we are making six steps forward, and because of unprofessionalism, we are taking two steps backward,” Hicken posited.

In closing, Hicken stated, “I believe in you, we all believe in you because like I said, you’re ordained to be here this day, this time and so as we go forward, just remember what I said to you: much is given, much is expected. Today brings the dawn of a new era where members of the Guyana Police Force will ensure that misconduct and unprofessionalism will not be condoned but instead you’re going to spend more time and energy serving the community as mandated by our mission statement. God bless you all and congratulations.”

The Chairman of the PSC observed that this was the largest promotions list ever. “I am glad that I was a part of your upward mobility,” Bishop Findlay told the newly promoted Officers and Inspectors. “I know the sacrifices you came through and I know the storms that some of you have been through. It is for this reason that I want to congratulate you today for sticking the course and I want to encourage you to make a positive difference,” he said.

He further charged them to give of their best and stand true to the Service and Protection motto of the force.

Additionally, Calvin Brutus, Deputy Commissioner of Administration (ag), noted that the activity was symbolic, traditional, and important. “Our objective as the Guyana Police Force is to provide the optimal level of public security to the nation and in doing so we act as change agents and as citizens to help develop our nation,” Brutus said.

In attendance were Permanent Secretary of the Ministry of Home Affairs Ms. Mae Toussaint Jr. Thomas, Head of Special Organised Crime Unit (SOCU) Fazil Karimbaksh, Deputy Commissioner Operations (ag) Ravindradat Budhram, Deputy Commissioner Law Enforcement (ag) Wendell Blanhum, Regional Commander Division Three Mahendra Siwnarine, Head of Special Branch Errol Watts, Regional Commander Division Four ‘C’ Khali Pareshram, Regional Commander Division Five Kurleigh Simon, along with all the newly promoted officers and inspectors.

FM
Last edited by Django

Loss of credibility

July 7, 2022

Source

If before this year, the Guyana Police Force (GPF) had managed to arrive at a position where it could be viewed with some amount of trust by the people it is mandated to serve and protect, that has all been lost again in the wake of the two recent huge missteps. A lack of credibility is all it takes to raise suspicion and scepticism, which are then very quickly followed by distrust; the original position from which the police have been viewed by many.

British historian A J P Taylor was credited with saying, “Human blunders usually do more to shape history than human wickedness.” While that might be true, a blunder can usually be corrected, but wickedness stems from pure evil. One hopes therefore that what occurred recently was the former.

The first debacle involved the disappearance and death of former Paramakatoi resident Reonol Williams in May. It had been reported that Mr Williams was returning to his Enmore, East Coast Demerara home with a friend, when he was struck down by a motor vehicle. The driver reportedly told Mr Williams’s friend that he would take the injured man to seek medical attention and believing him, the friend set off to apprise the man’s family of what had occurred. However, Mr Williams simply disappeared. His family could not find him at any hospital, clinic or morgue.

The police subsequently found the car which had struck down Mr Williams, but the owner claimed that he had not been driving it at the time of the incident. Then, even after the owner was picked out as the driver by the eyewitness in an identification parade, inexplicably, the police released him on bail. According to answers to the questions posed by the media, the police were instead trying to find the phantom driver, who the owner alleged had taken his vehicle without his permission.

Mr Williams’s family began to hold vigils at the accident site during which they pleaded for answers and for the police to do their work properly, while holding placards demanding justice. The case had also gripped the public’s attention and was widely shared on social media.

Eighteen days after Mr Williams was struck down and subsequently disappeared, the owner of the car finally took the police to where he had dumped Mr Williams’s body and was charged with causing death by dangerous driving, failure to report an accident, failure to render assistance after an accident, failure to produce his vehicle for examination, giving false information to the police and attempting to obstruct the course of justice. He has since pleaded not guilty, has been refused bail, and will be tried.

No one could be faulted for thinking that had it not been for the persistence of Mr Williams’s relatives, there might have been no resolution in this case. Were the deceased gentleman a loner, or not well liked, would the police ever have cottoned on to the lie they were told? Would they even have bothered to follow up given that the body could not be found? What if, when he was first released on bail, the car owner had simply done a runner? How hard would the police have tried to find him? Was this a case of incompetence or something else?

The second fiasco occurred in the case of Quindon Bacchus who was shot six times during a police operation on June 10. According to a police press release issued right after the shooting, it was as a result of a sting operation gone awry. The release claimed that Mr Bacchus had run away from the undercover officer and while doing so, discharged his gun in the policeman’s direction. It said the policeman gave chase while returning fire using his service revolver and his bullets hit Mr Bacchus about his body. The police then picked up the wounded but conscious Mr Bacchus and took him to the Georgetown Public Hospital where he succumbed while receiving treatment. All of this has been in the public domain since June 11. However it bears repeating given what was later revealed in the report from the post-mortem examination.

According to a second police statement, Dr Nehaul Singh’s PME report said Mr Bacchus had died as a result of “multiple gunshot wounds”. Mr Bacchus’s relatives later revealed that he had sustained six gunshot wounds, one of which was to his head. Just how many shots did this policeman fire? How was this possible during a pursuit?

The GPF’s release would have us imagine that the lone officer who was running behind the fleeing Mr Bacchus was a very skilled marksman, because not only could he hit a moving target, but he managed to do so six times. Incredulous. That was what the police expected everyone to believe without explaining why this clearly brilliant sharpshooter did not aim at Mr Bacchus’s legs instead.

Other questions that arose included why was there a need to fire six or more times? Surely Mr Bacchus would have been incapacitated after one or two bullets hit his body. Furthermore, how many rounds does a GPF service revolver hold?

The policeman will now face a murder charge, as recommended by the Director of Public Prosecutions on Monday. However, the GPF is not absolved of the responsibility of explaining the reason behind the obviously unsubstantiated statements in its press release. Surely officers are debriefed after they fire their guns; especially when that use results in the loss of life? Were no red flags raised during this officer’s debriefing?

Mr Bacchus’s murder, but moreso the GPF’s response in the immediate aftermath, left room for the careless, unfounded statements that helped to fuel the unrest that followed. Then that too was abominably handled, particularly last Tuesday when they indiscriminately fired on civilians using rubber bullets for no apparent reason. No amount of sports equipment and community enhancement doled out by the government will help communities view the force in a better light given these events. Sadly, neither the politicians nor those at the helm of the GPF seem to get this and until they do the cycle will continue.

Django

Forde writes Teixeira nailing President distorted tactic to appoint acting Top Cop.

July 7, 2022

Source

A Partnership for National Unity and Alliance for Change (APNU+AFC) Member of Parliament and Shadow Minister of Legal Affairs, Roysdale Forde S.C, dispatched a letter Monday, July 4th to Minister Gail Teixeira, nailing the constitutional distortion of President Irfaan Ali in appointing Clifton Hicken, acting Commissioner of Police, without having meaningful consultation with Leader of the Opposition, Aubrey Norton.

Representing and writing on behalf of the Opposition Leader, in a letter seen by Village Voice, Forde counselled Teixeira of the necessity for clarity regarding her June 29th letter, given the court has been approached to adjudicate on the matter. The Opposition is asking the court to set aside the appointment of Hicken, the unilateral appointment of the Chairman of the Police Service Commission, and questioning the lawfulness of the constitution of the Police Service Commission.

The Opposition noted Teixeira’s correspondence, seeking to have the President engage the Opposition Leader on constitutional appointments, despite the matters before the court, has assumed greater significance. Hence, the Opposition laid out conditions for engaging in meaningful consultation. They have requested in writing answers to the following questions:

      “1.  Is the President seeking to exercise his Constitutional duty on two separate occasions to appoint Mr. Clifton Hicken ‘… to act               in the office of Commissioner of Police of the Guyana Police Force’?

  1. What is the basis of and the Constitutional provisions which conferred on the President the Constitutional duty that you referred to that he exercised which resulted in the said decision ‘to appoint Mr. Clifton Hicken to act in the office of Commissioner of Police with effect from the 30thday of March 2022?’
  2. If indeed, there is no error in your letter with respect to the declaration that the President did in fact consider ‘it his Constitutional duty to appoint Mr. Clifton Hicken to act in the office of Commissioner of Police, with effect from the 30thday of March 2022,’ can you please indicate the basis and authority for the President to exercise his Constitutional duty again?”

The Opposition Leader requires the President’s attention on the aforesaid which is deemed “necessary and prerequisite” for “engaging in any process of meaningful consultation with regards to the appointment of a person to act in the office of Commissioner of Police of the Guyana Police Force.”

Or, as stated in the missive, “In other words, [the Opposition Leader] would only consider engaging in meaningful consultation when he is in possession of the answers to the aforesaid questions and has had time to consider them and advise himself further.”

President Ali is yet to respond.

Django

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