REGIONAL: Appointment of Police Commissioner ruled unconstitutional

 SOURCE: CMC – High Court judge on Thursday declared that the appointment of Gary Griffith as acting Commissioner of Police (CoP) by the Police Service Commission (PolSC) after his contract came to an end was illegal and unconstitutional.

The ruling handed down by Justice Nadia Kangaloo, in accordance with Section 123 of the Constitution, also invalidated the acting CoP appointment given to Deputy Police Commissioner McDonald Jacob after Griffith went on leave and was temporarily suspended.

The judge’s ruling means that the country will temporarily be without a Commissioner of Police.

Justice Kangaloo handed down the judgment in a matter filed by social activist Ravi Balgobin Maharaj who petitioned the court to rule on the procedure set out in section 123 of the Constitution governing the power of the PolSC to appoint a substantive CoP and and acting CoP.

Griffith, whose three-year contract as top cop ended on August 17, was appointed to act in the position by the PolSC from August 18. However, he was suspended from duty on September 21, while on leave, pending an investigation into allegations of corruption in the granting of firearm licences.

That suspension was subsequently revoked after he took the PolSC to court but he agreed to stay off the job pending the outcome of the probe.

Maharaj had filed an interpretation lawsuit in which he argued that the PolSC needed the approval of the House of Representatives to make acting and substantive appointments for the Commissioner of Police and Deputy Commissioners of Police.

Justice Kangaloo agreed that Section 123 (2) to (5) of the Constitution was not followed.

Under that section, the PCS was required to prepare a list with its nominations, have it issued to the President who would then have it issued to the House of Representatives for consideration and approval by both the Prime Minister and Leader of the Opposition.

Although the list was sent to President Weekes on August 12, it was not issued to Parliament, but the PolSC appointed Griffith to act.

Justice Kangaloo said Sections 123 (2) to (5) were clear and unambiguous that the commission’s selection for the position ought to have received Parliament.

The appointment of a new acting commissioner can only begin after the PolSC, from which all members recently resigned, is reconstituted.