Police Commission misses deadline to lift CoP's suspension

HAVING missed its noon deadline on Sunday to withdraw its suspension notice, acting Commissioner of Police Gary Griffith appears poised to battle the Police Service Commission (PSC) in court.

Sources close to Griffith’s legal team said up to late Sunday, the High Court action was being drafted. It is expected to be filed on Monday.

Griffith gave the PSC a deadline to withdraw, by noon on Sunday, the notice of suspension which prevents him from resuming duties on Tuesday.

Newsday understands that the PSC, led by chairman Bliss Seepersad, met in emergency session on Sunday. Efforts to reach her were unsuccessful.

Griffith, who is on vacation leave but was told not to resume duty when his leave expires on Monday, is challenging the PSC, saying its latest move to block him was “illegal, irrational and in breach of the rules of natural justice, null, void and of no legal effect.”

Contacted for comment on Sunday, Griffith said he will not be speaking, but will be leaving it up to his attorneys to do so.

On Saturday, Griffith wrote to Seepersad threatening to go to court if the commission refused to withdraw the suspension notice he received on Friday night by e-mail. The suspension was with immediate effect and until further notice.

The suspension came hours after Minister of National Security Fitzgerald Hinds told the Parliament he 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.

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 National Security Council 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.

He told Seepersad, “Since receiving your said letter of September 1st 2021, I have been contacted by Justice John on several occasions and I have provided all assistance which he requested; given him access to all relevant information which he required; facilitated him in interviewing any police officer he wished and 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.

“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 based on John’s response 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.”

“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.”

He is represented by Ramesh Lawrence Maharaj SC, 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. 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.

Griffith’s acting appointment is also subject of another challenge in the court which questions the PSC’s authority to appoint an acting CoP without following the process prescribed by the Constitution.