Prison body knocks Public Service Commission on no Prisons Commissioner

The Prison Service is operating on auto-pilot as the Public Service Commission has not appointed someone to replace commissioner Dennis Pulchan who went on pre-retirement leave on February 23.

On Saturday, the Prison Officers' Association, in a statement, criticised the commission for its "neglect and culpability" for failing to carry out its obligations.

President of the association Ceron Richards said the vacancy is a "serious issue that needs to be treated expeditiously." He said it was the first time in the history of service that it had no commissioner.

A similar situation arose with the police service in September last year after the High Court ruled the acting appointments of Gary Griffith and that of acting CoP McDonald Jacob were unlawful as Parliament had not approved the Police Service Commission nominees. Jacob's nomination was approved by Parliament three months later as the service operated without a commissioner for the first time in its history.

Richards questioned who will authorise prison officers to take prisoners from court and how will managerial decisions regarding the authorisation of expenses, discipline, and promotion be approved without a commissioner.

Apart from a leader, there are three vacancies for the existing positions of deputy commissioner and all six positions of assistant commissioner are also vacant, Richards said.

The highest-ranked officer in the service is superintendent.

The association said Pulchan's retirement was "no secret" and High Court injunction obtained by Supt Deopersad Ramoutar challenging a competency-based assessment interview for promotion should not be blamed "as any excuse for years of maladministration."

On February 8, the High Court dismissed an application by the commission to set aside an injunction granted to Ramoutar who challenged the new interview process.

The injunction was originally granted to Ramoutar in August 2021 when he was permitted to pursue a judicial review against the commission.

The injunction prevented the commission from doing interviews, which were scheduled to take place that month until Ramoutar’s claim is determined by the court. The matter is expected to go to trial next month.

On February 23, a release from the Prison Service announced Pulchan's retirement and said Ramoutar, the most senior officer in the service, will act as commissioner. That release was later rescinded and the Ministry of National Security stated in a separate release it had made a recommendation to the commission for a person to act as commissioner of prisons.

The prison association said Pulchan had an obligation to recommend a successor following the public service regulations and questioned the legality of the ministry making a recommendation.

The association said it has made numerous attempts to get the vacancies filled without success.

"Furthermore, based on custom and practice which has set the precedence, the most senior officer would act on the retirement of the Commissioner of Prisons and at this moment it is Mr Deopersad Ramoutar until a merit-based selected for the higher rank is finalised," the association said.

The organisation called for "an immediate and comprehensive investigation " into the commission which has been blamed for the "hampering of the smooth and efficient functioning" of the prison service.

Commenting on the situation, Opposition MP Dr Roodal Moonilal claimed government was interfering in the functioning of an independent service commission.

He said the involvement by the ministry of national security in the process is "illegal, unconstitutional and highly reckless."

Queries sent to National Security Minister Fitzgerald Hinds via WhatsApp were not answered.