CHIEF Justice (ag.) Roxane George will deliver her ruling in the opposition, APNU+AFC’s legal challenges to the appointment of Patrick Findlay as Police Service Commission (PSC) Chairman, as well as the appointment of members of the Integrity Commission.
During a virtual hearing on Monday, the Chief Justice concluded by hearing oral submissions from Attorney-General and Minister of Legal Affairs, Anil Nandlall, S.C., and the applicant’s attorney, Roysdale Forde, S.C.
The case was later adjourned to August 23 for ruling.
Opposition Leader Aubrey Norton had moved to the High Court seeking to quash the appointment of the PSC Chairman, claiming that it was “illegal, null, void and of no legal effect.”
Patrick Findlay currently sits as Chairman of the reconstituted PSC which also includes Attorney-at-Law Mark Conway, and businessmen Ernesto Choo-a-Fat, and Hakeem Mohammed.
As it relates to the Integrity Commissioners, Norton, in his challenge, is contending that President, Dr Irfaan Ali did not afford him “a reasonable opportunity to express a considered opinion on the subject of the consultation.”
He maintained that this is a breach of the Integrity Commission Act.
The Integrity Commission comprises Demerara Bank Corporate Secretary, Chandra Gajraj as Chairperson, along with attorney Mohamed Haniff, and former Solicitor General Kim Kyte-Thomas. Hardesh Tiwari and Chris Wayne Bowman are also members.
The issue at hand is the appointment of current Commissioner of Police, Clifton Hicken, to act in that capacity, which requires by law, consultation between the President and the Police Service Commission Chairman.
The Opposition Leader is, however, arguing that any consultation between the President and Findlay on the subject of the appointment of a Commissioner of Police of Guyana is unconstitutional, null, void, and of no legal effect.
Norton had also filed a Notice of Application (NoA), requesting a conservatory order to halt the consultation process between him and the President until the substantive matter has been completed.
AG Nandlall, in his submissions, contended that “undisputed evidence” reveals that Norton was informed in writing that Mr. Findlay was the President’s nominee for PSC Chairman.
According to Nandlall, Norton himself, on April 13, voted in the National Assembly in support of the Official Report of the Appointments Committee that recommended Findlay as a member of the PSC.
Norton had claimed that Findlay is politically tainted since he is a “known and public supporter of the PPP/C and was a candidate for the PPP/C [in the] 2015 general and regional elections.”
However, in his submissions, Nandlall said, “Significantly, it has already been made painfully clear that no such allegation was made at the Appointments Committee or in the National Assembly when the report from that committee was unanimously approved containing the names of the persons to be appointed by the President to the PSC.”
He further asserted that Norton wrote a total of four of those letters in the exchange and attended one in-person meeting.
“In the entirety of those engagements he offered no nominees of his own, neither did he offer any objection of any type whatsoever to Mr. Findlay, either in a letter or in the in-person meeting,” AG Nandlall said.
The President, after consultation with Findlay, officially nominated Hicken to act in the position of Police Commissioner.
In a letter dated June 29, the Minister of Parliamentary Affairs and Governance, Gail Teixeira, outlined to Norton the reasons why Hicken was appointed back in March. This letter also invited Norton to give his opinion on the subject.
In this correspondence, it was noted that former Commissioner of Police (ag), Nigel Hoppie proceeded on pre-retirement leave on March 30. And at the time, there was no constituted Police Service Commission, nor was there a person holding the post of Leader of the Opposition.
It further stated that having regard to a number of factors, including “the preservation of law and order, the preservation of peace, and the due enforcement of all laws and regulations within Guyana, in the nation’s best interest and in the interest of national security,” President Ali opted to make the appointment rather than leave a vacuum in command and superintendence of the force.
Following consultations with Findlay, the President sought to engage Norton in “meaningful consultation”, Teixeira added in her letter.
Norton was given up to July 19 to give his opinion on the matter in writing. However, on July 15, his response was “put on hold” pending the outcome of the legal challenge.
Additionally, Opposition Chief Whip, Christopher Jones had filed a constitutional challenge against Hicken’s appointment as acting ‘Top Cop’.
In his Fixed Date Application (FDA), Jones sought to overturn Hicken’s appointment which he claims is “unreasonable, ultra vires the Constitution, common law and is illegal, null, void and of no legal effect.”
He also sought a declaration that the President’s decision to appoint Hicken violates Articles 211 (1) and 211 (2) of the Constitution of Guyana. Jones claimed that there were no consultations between the President and the Leader of the Opposition as required by the Constitution prior to Hicken’s appointment.
This matter, separate from the challenge of Norton to the appointment of the constitutional office holders, is also before the Chief Justice, who is set to rule on it on August 11.