Griffith vows to take police commission to court: 'My suspension is illegal'

Acting Commissioner of Police Gary Griffith is challenging a decision of the Police Service Commission (PSC) to suspend him from resuming duty on Tuesday on the basis that it is "illegal, irrational and in breach of the rules of natural justice, null, void and of no legal effect."

On Saturday, Griffith in a letter to PSC chairman Bliss Seepersad gave the organisation until noon on Sunday to withdraw the suspension notice and threatened to head to the High Court to challenge the matter if the commission refuses to comply.

On Friday night, the PSC served Griffith with a notice of suspension with immediate effect until further notice via e-mail hours after Minister of National Security Fitzgerald Hinds said he had turned down a request for the acting CoP to resume duty a week before the expiration of his vacation leave. Griffith contended that Hinds had no authority to instruct him to go on leave.

The latest development follows a series of emergency meetings of the National Security Council (NSC), the Cabinet and the PSC on Friday.

Griffith claims the PSC suspended him solely on the basis of an investigation it initiated on September 1, headed by retired Justice of Appeal Stanley John, into allegations of corruption in the issuance of firearm user's licences and the police handling of an incident at sea involving Christian Chandler, the head of the legal unit in the police service.

John was appointed by the PSC after it received a report from the NSC which embarked on a fact-finding exercise in the face of public disquiet, and other confidential information surrounding the issuance of firearm licences, including the granting of over 100 semi-automatic weapons to civilians.

Griffith in his letter said he had not been given any information by the PSC to support any allegation of wrongdoing or evidence against him in his conduct as CoP and said he had been co-operating fully with the John enquiry.

"Since receiving your said letter of September 1st 2021, I have been contacted by Justice John on several occasions and I have (1) provided all assistance which he requested (2) given him access to all relevant information which he required (3) facilitated him in interviewing any police officer he wished and (4) allowed him access to all records he required. However, at no time did he make, or ask me to respond to, any allegations whatsoever against me or the performance of the functions of my office."

Griffith also disclosed a letter John sent to him on Saturday which confirms his co-operation and states categorically that the remit of the investigation does not involve Griffith nor any other police officer.

"This is indeed self- explanatory. However, it would be plain and beyond doubt to anyone reading that letter, that I as CoP, am not under any investigation by Justice John."

Griffith said based on the notice of suspension from the PSC it was "crystal clear" that the PSC decided to suspend him on the basis of the John investigation.

"That is the sole basis on which the Commission purportedly exercised its powers to suspend me in the purported interest of the Police Service and in the public interest. The letter of September 17, 2021, pellucidly demonstrates that the Commission mistakenly persuaded itself that the Stanley John investigation in and of itself, is a basis for suspending me."

He said on the basis of John's letter to him that he was not under investigation "the entire basis upon which the (PSC) purported to act and exercise the power of suspension has been wholly, entirely and irretrievably undermined."

"The Commission must have known that the remit of Justice John’s investigation did not include any investigation into me as CoP. As such, when it purported to exercise the power of suspension, it knew fully well that the suspension was done outside of the remit of Justice John’s investigation. Therefore, the Commission had no jurisdiction to suspend me on the basis of this investigation. The Commission’s decision was an illegality, irrational and in breach of the rules of natural justice, null, void and of no legal effect."

Griffith said based on legal advice, if the PSC fails to withdraw the notice of suspension by noon on Sunday he will challenge the matter in the High Court.

He has retained Ramesh Lawrence Maharaj SC, to lead Jagdeo Singh, Larry Lalla, Alvin Ramroop and Kristy Mohan.

Griffith's three-year term as commissioner ended on August 17 and the PSC appointed him to act in the post until a substantive office-holder is appointed.

He is among the top candidates interviewed by the PSC. But a High Court judge has stalled the process of forwarding the names to President Paula-Mae Weekes after a complaint by one applicant, Snr Supt Anand Ramesar, about the fairness of the process.

In addition, there was an enquiry initiated by the NSC, chaired by the Prime Minister, over allegations of bribes and corruption in the granting of firearm user's licences under Griffith's tenure, another one by the police and the Police Complaints Authority.

Hinds also told the Senate on Friday that the engagement of retired Rear Admiral Hayden Pritchard and retired Snr Supt Arthur Barrington, formerly of the Special Branch, by the NSC to embark on a fact-finding exercise, was above board. He said the NSC could not ignore the public disquiet and other information concerning the granting of firearm user's licences and the report proved to be useful.

Hinds said the Pritchard and Barrington report made "strong and serious recommendations" without naming anyone, and if in the future any matter of criminality arises the police service will treat with it.

This story was originally published with the title "Griffith tells police commission: Withdraw suspension or face legal action" and has been adjusted to include additional details. See original post below.

The Police Service Commission (PSC) has been given a deadline of noon on Sunday to withdraw a letter suspending acting Commissioner of Police Gary Griffith from office or face legal action.

In a letter to the chairman of the PSC on Saturday, Griffith said the decision to suspend him from resuming duties on Tuesday was illegal, irrational and in breach of the rules of natural justice, null, void and of no legal effect.

On Friday night, the PSC told Griffith bye-mail that he was suspended from resuming duties on the basis of a pending investigation headed by retired Justice of Appeal Stanley John into allegations of corruption into the granting of firearm user's licences under Griffith's tenure.

This followed a refusal of a request to Minister of National Security Fitzgerald Hinds for Griffith to resume work a week before the expiration of his vacation leave.

In response to the PSC's notice of suspension, Griffith said he had been co-operating with the John enquiry and was not the subject of the investigation, which was also looking into the police handling of a probe against Christian Chandler, the head of the legal unit of the police service, whose pleasure craft was intercepted by the Coast Guard last month allegedly in breach of the public health regulations and other possible criminal offences.

Griffith also disclosed a letter sent to him by John on Saturday which confirms his co-operation and that neither he nor any other police officer was the subject of the probe.

"I wish to respectfully draw to the Commission’s attention that the letter of September 17, 2021 is crystal clear that the Commission made its decision to suspend me on the basis of the investigation which it ordered to be conducted by Justice John. That is the sole basis on which the Commission purportedly exercised its powers to suspend me in the purported interest of the Police Service and in the public interest. The letter of September 17, 2021, pellucidly demonstrates that the Commission mistakenly persuaded itself that the Stanley John investigation in and of itself, is a basis for suspending me," Griffith said in his letter to the PSC chairman.

He said based on John's "letter the entire basis upon which the Commission purported to act and exercise the power of suspension has been wholly, entirely and irretrievably undermined.

"The Commission must have known that the remit of Justice John’s investigation did not include any investigation into me as CoP. As such, when it purported to exercise the power of suspension, it knew fully well that the suspension was done outside of the remit of Justice John’s investigation. Therefore, the Commission had no jurisdiction to suspend me on the basis of this investigation. The Commission’s decision was an illegality, irrational and in breach of the rules of natural justice, null, void and of no legal effect.

"In the circumstances, I call upon the Commission to withdraw immediately, the letter of suspension, because on its face, having regard to the contents of the Stanley John letter dated September 18 2021, same has been shown to be null and void and of no effect."

Griffith has retained a team of attorneys headed by Ramesh Maharaj, SC, which includes Jagdeo Singh, Larry Lalla, Alvin Ramroop and Kristy Mohan.

"Based on the legal advice I have obtained, unless the Commission withdraws this letter by Sunday 19, September 2021 at 12 noon, an application for judicial review will be filed against the Commission for the court to declare the suspension null, void and of no legal effect and for the court to grant interim relief to stay the suspension until such time as the claim is determined by the High Court.

"In the event that it becomes necessary for me to apply to the High Court for relief, please treat this letter as a pre-action protocol letter issued in compliance with the provisions of the Civil Proceedings Rules 1998," he said.