PSC mash up as third member resigns – chairman left alone

GONE: Attorney Roger Kawalsingh. -
GONE: Attorney Roger Kawalsingh. -

A THIRD member of the Police Service Commission (PSC) has resigned as the imbroglio involving the appointment of a police commissioner remains mired in controversy.

On Monday, President Paula-Mae Weekes announced the resignation of attorney Roger Kawalsingh with immediate effect.

A brief release from the Office of the President said Kawalsingh’s resignation was accepted.

It followed the resignations of Dr Susan Craig-James on Friday and industrial relations consultant Courtney McNish last Wednesday. The only member of the commission to remain is its chairman, Bliss Seepersad.

Questions were sent to her on WhatsApp but there was no response up to late evening.

Kawalsingh also did not respond to a request for comment.

In announcing Craig-James’s resignation on Saturday, the Office of the President said the commission now stood inquorate. It also said the President’s Office will make every effort to fill the three vacancies at the soonest opportunity.

This now cripples any further action by the PSC, as it does not have a quorum to make decisions.

Legal challenge to

Griffith acting as CoP

This issue was raised in court by former attorney general Anand Ramlogan, SC, on Monday, in a challenge which questions the legality of Griffith’s acting appointment.

Ramlogan questioned from whom the PSC’s attorneys were receiving instructions in the interpretation claim brought by social activist Ravi Balgobin-Maharaj, whom he represents.

Over the weekend, it was reported that the President wrote to Kawalsingh seeking an explanation for his decision to copy Griffith on an e-mail objecting to the chairman's decision to suspend Griffith on September 17.

The three commission members reportedly objected to the chairman’s decision to suspend Griffith from duty pending the outcome of an investigation by retired judge Stanley John.

John was probing allegations of corruption in the granting of firearm user's licences and possible interference in an investigation against Christian Chandler, the head of the police service legal unit.

On Saturday Griffith shared a copy of a letter from Seepersad, dated September 23, which withdrew his notice of suspension on the basis of his voluntarily going on leave pending the outcome of the John probe. He says that means he remains the acting CoP while on leave.

Griffith’s appointment as acting CoP came after his three-year contract ended on August 17. The law was changed by Legal Notice 183 of 2021, allowing him to be selected as acting top cop although his stint had come to an end.

The Prime Minister has described the change in the law, which his administration approved, as "an error."

Attorney General Faris Al-Rawi said on Sunday that said his ministry received advice before going to Parliament, and then drafted Legal Notice 183.

He also said, in a previous interview, "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."

He said the matter was now before the court to decide.

A legal opinion from retired Caribbean Court of Justice judge Rolston Nelson, which has been adopted by the government, concedes that the law the PSC used to appoint Griffith to act was unconstitutional and invalid.

On Sunday, the AG also said there was correspondence from the Office of the President which said it did not consider the process was wrong.

In a response to the matter filed by Balgobin-Maharaj, the director of Personnel Administration said a list of nominees for the post of commissioner was sent to the President on August 12.

On the same day, according to the DPA, a list of two nominees for the post of acting commissioner was submitted to the President, who said she had no power or authority beyond receiving the list, and could not exercise any discretion on the basis of “town say” or any other arbitrary method.

The DPA said having considered the President's response, the PSC appointed Griffith to act.

Griffith suspension
still to be settled

In Griffith’s challenge of his suspension, the issue of the settlement was raised before Justice Nadia Kangaloo, who was assigned the case since the Balgobin-Maharaj matter was already before her. He was expected to withdraw his legal challenge.

But Griffith’s lead attorney, former AG Ramesh Lawrence Maharaj, SC, said one issue remained to be resolved despite the settlement talks over the weekend.

He asked the judge to adjourn the matter for a month to allow the parties to resolve the issue.

“We were hoping today to tell the court the matter was totally resolved, but one of the terms of the settlement has not been complied with.”

Maharaj said until that issue was resolved, Griffith was prepared to pursue his application for judicial review against the PSC in court.

He said it was now known that Griffith had agreed to step aside until October 31, or until the John investigation comes to an end.

Griffith, he said, "is entitled to a declaration that his suspension is unlawful and unless there is a settlement, he is entitled to pursue his claim.”

Despite Maharaj’s contention that Griffith’s legal action was not over, Senior Counsel Russell Martineau, who leads a team for the PSC, insisted, “In so far as the Griffith matter is concerned, we have settled the matter.

“I don’t know if the court would want to see the terms, but the parties want to keep it confidential…But it could be made available to the court.”

It was the mention of the settlement discussions that again drew Ramlogan’s ire. He said he would be seeking the court’s permission to appear as an interested party in the Griffith matter, given the nature of the interpretation claim filed by his client.

He asked for Balgobin-Maharaj’s claim to take precedence, since, he argued, if successful it would invalidate Griffith’s acting appointment.

Ramlogan also maintained there can be no question of a “secret or private settlement” between the parties to “outmanouvre” the interpretation claim.

“If the courts have been engaged to vindicate the rule of law, there can be no secret settlement…The court cannot contemplate that two parties can agree to settle even if it violates the Constitution and predicated on a false premise there was a proper appointment. It is illogical, irrational, and defies logic.

“The public has a right to know. This is a public office.”

Ramlogan asked for his team to be served with a copy of Griffith’s application. In the end, the judge asked Griffith’s attorneys to provide Ramlogan with a courtesy copy.

Ramlogan: PSC
now nonexistent

Ramlogan also questioned from whom Martineau was receiving instructions when the Office of the President announced on Saturday the PSC was without a quorum.

“Mr Martineau has no client. Is he going to get his instruction from Ms Seepersad alone? He cannot get instructions from an inquorate organisation.”

He objected to the further participation of the PSC – which was made an interested party in the matter.

Griffith’s attorneys also asked for affidavits filed by the PSC.

Attorney Rishi Dass, who appeared for the AG, agreed that the interpretation claim should be heard with expedition and be prioritised by the court.

Kangaloo agreed that the interpretation summons should be dealt with first and adjourned that matter to Friday.

Griffith’s matter was adjourned to November 10.

Judge refuses to step down

On Sunday, Ramlogan and his team of attorneys wrote to the judge, asking her to step down from hearing the matter, on the ground that it was a politically sensitive matter in which Griffith has alleged there was a conspiracy to hound him out of office.

Ramlogan’s junior attorney, Vishal Siewsarran, said Balgobin-Maharaj expressed some discomfort over the judge hearing the matter. He also raised the familial relations between the judge and Senate President Christine Kangaloo.

Siewsarran also raised three other “politically sensitive, high-profile public law matters” which have not been dealt with expeditiously.

In response, Kangaloo said, through her judicial support staff, that the court accepted the delay in the delivery of the decisions mentioned by the attorney, but did not attribute bias on the court’s part in favour of any party.

“Further there is now and has not been for a significant period of time any familial or other relationship between Christine Kangaloo and this court.”

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