GRIFFITH IN LIMBO – Lawsuit against police commission adjourned to Monday

FORMER police commissioner Gary Griffith remains in limbo until Monday, when the High Court will hear arguments in his legal challenge against his suspension by the Police Service Commission (PSC).

Griffith maintains 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.

He says the decision to suspend him with immediate effect, until further notice, on the sole basis of the John investigation, is unlawful, unreasonable and irrational, in breach of the rules of natural justice and principles of procedural fairness and, therefore, is null, void and of no legal effect.

Griffith’s judicial review application was heard on Monday, hours after the PSC refused to withdraw its suspension.

Part of his legal action includes an injunction application to restrain the PSC from effecting its suspension notice so that he can resume work as acting top cop until the court determines his challenge.

The matter was assigned to Justice Ricky Rahim, who had ordered the PSC to be served with Griffith’s lawsuit.

When the matter came up for hearing on Tuesday, one of the commission’s lead attorneys, Senior Counsel Russell Martineau, said his team, which includes Deborah Peake, SC, and attorneys Dominique Martineau, Ravi Heffes-Doon and Savitri Sookraj, were not prepared to deal with the applications and wanted an opportunity to peruse the documents and put its own affidavit before the court.

He said at present, the PSC was objecting to leave being granted, but that could change once his team had a chance to look properly at what is contained in Griffith’s application.

Griffith’s own legal counsel, Ramesh Lawrence Maharaj, wanted the matter heard urgently, saying it had garnered “ a lot of public interest.” He had hoped to deal with the leave application on Tuesday.

Rahim, in adjourning the matter to Monday, said the PSC was entitled to reply, adding that the status quo might not be what Griffith’s team considered the existing state of affairs.

National Security Minister Fitzgerald Hinds has gone on record to say Griffith was now a civilian and holds no power while the substantive acting commissioner was McDonald Jacob, who continues in the post until October 15.

However, Maharaj said he was talking about the “unlawful act” by the commission of suspending his client. Griffith was present at Tuesday’s virtual hearing.

On Monday Hinds said when Griffith was appointed to act as top cop there were those who felt it was unlawful, and legal action was taken to challenge the acting appointment.

That legal challenge by social activist Ravi Balgobin-Maharaj also came up for hearing on Tuesday, but did not get off the ground, as the judge hearing it, Justice Nadia Kangaloo, adjourned it to October 1, to give the PSC and Griffith an opportunity to respond to the interpretation claim.

Balgobin-Maharaj is questioning the acting appointment when Griffith’s three-year contract as commissioner came to an end on August 17.

At the hearing, Senior Counsel Douglas Mendes, who leads a team for the Attorney General, said the former top cop and the commission should be allowed to join, since they were the parties directly affected.

He also expressed concern that although the action was an interpretation summons, which asks the court to determine if the process for appointing an acting commissioner was followed in accordance with the procedure set out by the Constitution, it included statements which went beyond looking strictly at which the Constitution provided for.

Mendes said the only facts that would be relevant to the court would be related to the moment Griffith was appointed acting commission after his contract came to an end.

In urging for the other two parties to be joined, Mendes said, “At this point, none of the parties might like the position to be taken by the Attorney General. The AG is not adversely affected by these proceedings, the PSC and Mr Griffith are, so they have the greatest interest in ensuring the court gets it right on evidence and law.

“No one can count on the AG taking a position in their favour at this point.”

Balgobin-Maharaj’s attorney Anand Ramlogan, SC, asked for the claim to take priority, but Griffith’s attorney Larry Lalla referred to Hinds’s statement. Ramlogan said he had no objection to Griffith and the PSC being joined in the matter, agreeing that he would refile only those facts that were agreed on.

“We know all the facts. The facts are, he was appointed by the commission to act after his contract came to an end. We need to get it right.”

Ramlogan also hinted to Kangaloo the possibility of only one judge hearing both matters.

In agreeing that the consideration did cross her mind, Kangaloo nevertheless adjourned the matter to October, giving parties an opportunity to file submissions, and asked to be apprised of any development that takes place in Griffith’s challenge before Rahim.

Since his suspension, at least one member of the PSC has resigned. On Tuesday, President Paula-Mae Weekes said she had accepted the resignation of industrial relations expert Courtney McNish from the commission with immediate effect.

On Monday, in a report by Newsday on the imbroglio between Griffith and the commission, Weekes was said to be concerned over the latest developments surrounding the appointment of a police commissioner.

However, it was pointed out that while the President appoints commissioners, after consultation and parliamentary oversight, and can revoke their appointments for specific reasons laid down in law, and after consultation, the PSC does not report to nor is it answerable to the President on matters within its remit.

The President’s office also said, “The President cannot direct the commission on any matter and must be careful not to give any advice, in particular unsolicited, that can be interpreted as interfering in the business of the commission.

“The Police Service Commission is independent of the Executive, including the President.

"It provides annual reports to Parliament for which the President is conduit (as with all commissions).”

Griffith is also represented by attorneys Jagdeo Singh, Larry Lalla, Michael Rooplal, Alvin Ramroop and Kristy Mohan.