AG: Attorney wrong about errors in making Griffith acting CoP

ATTORNEY GENERAL Faris Al-Rawi said attorney Dave Persad was mistaken to allege the appointment of Gary Griffith as acting Commissioner of Police (CoP) had been incorrectly done under law by the Police Service Commission.

He was speaking to Newsday on Wednesday.

Persad, in a recent letter to commission chairman Bliss Seepersad, alleged Griffith's appointment to act was "illegal, null and void, and of no effect." The attorney claimed the commission ought to have sent a list of its nominees to the President to forward to the House of Representatives to decide on, but had not done so.

The Commissioner of Police and Deputy Commissioner of Police (Selection Process) Order, 2021, section 4, expressed as Legal Notice 183 of 2021, says the PSC "may submit" a list of nominees to act as CoP to the President. However, the order does not spell out what happens next, not stating any active role for the President.

However, Persad argued that under the TT Constitution, the PSC must give a list of nominees to the President (section 123 (3)),who would then issue a notification for each nominee to be subject to the nod of the House of Representatives (section 123 (4)).

While section 123 (3) refers to "persons nominated for appointment," it is unclear if this means only a permanent posting or also includes an acting posting, even though section 123(1) empowers the PSC to "appoint persons to hold or act" in the office of CoP.

Al-Rawi, however rejected Persad's views, telling Newsday, "He is wrong."

Saying he had drafted the 2021 order, the AG said, "I can say quite respectfully that I disagree with Mr Persad's point of view.

"The process involved the PSC exercising its authority to appoint an acting commissioner of police pursuant to paragraph four of that order, and I remind that the PSC is a creature of the Constitution.

"Section 123 of the Constitution makes it pellucidly clear that the PSC has the power to put someone to act or to hold the office of Commissioner of Police."

The AG said the acting or holding of the post is to be done in accordance with a process.

"That process was amended, by the 2021 order which was published and affirmed in Parliament by positive resolution, and became law, by which the 2015 selection criteria were replaced by the 2021 selection criteria."

He said under the 2021 order, while the PSC is engaged in seeking a substantive commissioner, it has the authority to put someone to act.

"This means they can consider suitable persons, they can make appointments from persons who are holders of office inside the police service or who have acted on contract.

"They then make those recommendations and send a list to the President. That list may be three people, two people, one person – it could be anything. That's up to the PSC."

He said after the commission writes to the President, it then appoints an acting CoP, under the Constitution.

"Section 123 of the Constitution is abundantly clear. It says the PSC has the authority to appoint someone to act or hold the office of CoP.

"So I respectfully don't think there is any complication or error on the part of the PSC.

"Having had the benefit of the process of drafting it, amending it, updating it into law, I'm quite clear in my mind the process has been correctly carried out."

Newsday asked what constituted "experience in law enforcement" as a prerequisite and whether this included soldiering.

Al-Rawi replied that apart from the selection process, there was a 2015 legal notice stating the criteria/qualifications to be a CoP, such as having a university degree.

"Once you look at that, you'll see that is a non-issue. You have a process for selection and you have the criteria the commissioner or deputy is supposed to have. That has been published for several years. It speaks to the qualifications, experience, etcetera. It was published several years ago.

"If your question is whether Griffith holds those qualifications, I'll say you're about several years late to ask that question."

Al-Rawi said the criteria were published in a legal notice which also eliminated the need for the PSC to seek out a foreign recruitment firm to do the CoP selection.

Newsday asked if there is any limit on how long an acting appointment as CoP could last.

"Yes, there is a limit. The limit is until a substantive commissioner is appointed."

Al-Rawi said this was all set out in the 2021 legal notice.

"That acting appointment is while the substantive process for finding a commissioner of police by the PSC is ongoing.

"When they make a recommendation to Her Excellency, the President, that is sent to the Parliament, (which) has to approve the nominee from the list, whichever nominee they get, by an affirmative resolution of the House of Representatives."

Legal Notice 183 of 2021:

Commissioner of Police and Deputy Commissioner of Police (Selection Process) Order, 2021, section 4: "Where either the post of Commissioner of Police or Deputy Commissioner of Police is vacant or is about to become vacant, the Commission may submit to the President a list of suitably qualified persons from amongst the ranks of the Police Service, including those on contract or previously on contract, as nominees to act in the offices of Commissioner of Police or Deputy Commissioner of Police, pending the conclusion of the procedure prescribed in paragraph 3."

Constitution:

Section 123 (1)(a) "The Police Service Commission shall have the power to appoint persons to hold or act in the office of Commissioner and Deputy Commissioner of Police."

Section 123 (3) The Police Service Commission shall submit to the President a list of the names of the persons nominated for appointment to the offices of Commissioner or Deputy Commissioner of Police.

Section 123 (4) The President shall issue a notification in respect of each person nominated under subsection (3) and the notification shall be subject to affirmative resolution of the House of Representatives.