Chief Justice finds “nothing unlawful” about Police 2020 promotion

Chief Justice Roxane George on Monday tossed out the case filed by Senior Superintendent of Police Calvin Brutus challenging the 2020 promotion of senior officers made by the Police Service Commission (PSC).

Having found that no unlawful acts were committed by the PSC, Justice George noted that the case lacked sufficient evidence to grant the orders and declarations that were being sought by Brutus. With Brutus having filed the initial challenge against the promotions made in 2020 by the PSC, several other senior officers were added as interested parties in the case.

Among other things, Brutus, through his lawyer C.V. Satram, had asked the High Court for a declaration that the policy of the PSC not to promote or consider for promotion ranks with disciplinary matters is irrational and unlawful. In refusing to grant this declaration, Justice George noted that the court cannot say that the PSC acted unlawfully as there was no such evidence.

To do so, she noted, would not only usurp the powers of the PSC but set a dangerous precedent for the other service commissions created under the Constitution of Guyana. The Chief Justice said, too, that the court could not determine what is a minor or grave disciplinary matter. According to her, this would require the court to embark on fact-finding which is not its duty.

Brutus also sought an order of prohibition prohibiting the PSC and its members from appointing Senior Superintendents of Police Edmond Cooper, Philip Azore, and Kurleigh Simon,  who like him, have pending disciplinary matters, to the rank of Assistant Commissioner of Police.

Brutus, in an affidavit, had outlined that his colleagues are facing serious disciplinary and/or criminal investigations for dereliction of duty, facilitation of unlawful activities, perverting the course of justice, corruption by a public officer, among other offences.

But, the Chief Justice also refused to grant this order. Among other things, Justice George said that there is nothing unlawful in considering disciplinary matters in the determination of whether Brutus or other officers should be promoted. She, therefore, concluded that there was not sufficient evidence to nullify the promotion of Senior Superintendents Cooper, Azore, and Simon.

As such, Brutus’ application was dismissed; there was no award of costs.

The Chief Justice, however, noted that the case highlights a “poor and haphazard system of dealing with disciplinary matters against Police officers.”  She added, “They also highlight the need for comprehensive regulation governing the disciplinary procedure and promotions respectively including clarity on what infractions could affect such promotion.”

“The circumstances that have led to these applications are most unfortunate to say the least,” she said, adding that they do not auger well for the overall management and well-being of the Guyana Police Force.  The Chief Justice added that the determination of this case will not assuage what are clearly deep-seated feelings of mistrust in the Guyana Police Force.

In court documents seen by this publication, Brutus had complained that he was being overlooked for promotion to the rank of Assistant Commissioner of Police, even though he was recommended for promotion by the Commissioner of Police.

He claimed, too, that he was being bypassed for promotion owing to frivolous allegations of indiscipline levelled against him for which he has not been given a chance to defend himself.

According to him, it has been a practice for the PSC not to promote Police officers with pending disciplinary complaints regardless of the nature or seriousness of such complaints.

By Article 212 of the Constitution, the PSC has the power to promote police ranks above the rank of Inspector. It also has the authority to exercise disciplinary control over ranks holding or acting in such offices. The aggrieved officers have vowed to go all the way to the CCJ.