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Page 8 of Stabroek News July 2, 2022 carried an article which included a photograph with President Ali, Hakeem Mohamed, recently sworn member of the Police Service Commission, Patrick Findlay, Chairman of the Police Service Commission, Prime Minister, Mark Phillips, Attorney General, Anil Nandlall and Minister of Governance, Gail Tiexera. The article stated, ” With Mohamed’s appointment, the Commission is now fully constituted, although a lawsuit has since been filed challenging the appointment of its Chairman. ”
It is grossly misleading and deceitful to state that the Police Service Commission has been fully constituted. That is complete fabrication and total distortion of facts. The Police Service Commission is not fully consitituted. Editor, please permit me to elaborate. The Police Service Commission legally consists of five members. Only four have been sworn. One is still to be sworn. He/ she must be the Chairman of the Public Service Commission. There is no Public Service Commission. Therefore, there is no Chairman to serve on the Police Service Commission. The last Public Service Commission life came to an end more than a year ago.
Here is what Article 212 ( 1 ) of the Constitution of the Co-operative Republic of Guyana states about the composition of the Police Service Commission, ” The Police Service Commission shall consists of – ( a ) a Chairman appointed by the President acting after meaningful consultation with the Leader of the Opposition from among members appointed under subparagraph ( c ); ( b ) the Chairman of the Public Service Commission; ( c) four members appointed by the President upon nomination by the National Assembly after it has consulted with such bodies as appear to it to represent the majority of he members of the Police Force and any other such body it deems fit:
Provided that a person should be disqualified for appointment as a member of the Commission if he or she is a public officer.
The controversial appointed Chairman, Patrick Findlay of the Police Service Commission and team recently visited several Regional Police Divisions and held discussions with sergeants, inspectors and officers of the Guyana Police Force in relation to the operation of the Commission. The engagement with the illegal Chairman, Patrick Findlay and members of the police Force alluded to above must be deemed illegal.
The Police Service Commission is not fully constituted and therefore at this time cannot be operationalized. In the interim, former Chairman of the Police Service Commission, retired Assistant Commissioner of Police Paul Slowe has filed legal proceedings in the High Court in an effort to prevent the Commission to make promotions until a similar matter he has before the Court is completed. There are also other pending legal challenges in the High Court by Leader of the Opposition, Aubrey Norton and Member of Parliament, Christopher Jones. Let us await the ruling of the Court. The rule of law must prevail.