To confirm Clifton Hicken as the Commissioner of Police will be unconstitutional

Dear Editor,

I perused with much dismay the full statement purporting to originate from the Attorney General and Minister of Legal Affairs under the caption, “Top Cop to continue serving up to the age of 60 – AG.” In paragraph 6 of the missive the writer quoted section 2 (b) of the Constitution (Prescribed Matters) Act Chapter 27:12. Here is what was posited, “The … Commissioner of Police shall vacate (his) …. Office on attaining the age of fifty-five years. Providing that – (b) the president acting on the recommendation of the Police Service Commission may permit a Commissioner of Police who attained the age of fifty-five years to continue in office until he attained such later age, not exceeding 60 years as may (before the Commissioner of Police has attained).”

The AG has deliberately omitted several important words in section (b) of the Act in question particularly those contained in brackets in the last sentence of the section. The words omitted are “the age of 55 years.” Therefore, the sentence should have read, “(before the Commissioner of Police attained the age of 55 years.) Not, (before the Commissioner of Police attained).

The law is clear that the Commissioner of Police must be appointed or confirmed before he reaches the age of 55 year not after he passed that age – the age of retirement. To omit the words, “the age of 55 years, “ is a blatant attempt to deceive and mislead the public. Will the AG blamed his nameless IT Manager for the deliberate act of omission as he did when the CCJ slammed him for prematurely releasing a decision of the Court, or, will he say that he did not see the final document as he did when a Judge in the High Court cited the Chief Education Officer, Sadam Hussain for Contempt of Court?

The AG has not addressed the operative words, “the age of 55 year,” which are critical in deciding whether or not to permit a Commissioner of Police to continue working after the age of retirement. There is a thick wall of silence. The law speaks about extending the services of a Commissioner of Police, not an acting Commissioner of Police or an Assistant Commissioner of Police. It is apposite to note that Commissioners of Police Balram Raghubir, Laurie Lewis, Floyd McDonald, Henry Greene and Leroy Brummel all had their services as Commissioner extended beyond the age of retirement but before they reached the age of 55 years. At the time of the extension they were all confirmed Commissioners of Police, not Acting Commissioners or Assistant Commissioner.

Is there a Succession Plan in the Guyana Police Force? Is there a Career Development Plan in the Guyana Police Force? Is there a Structured Training Plan to develop senior police officers to flawlessly rise to the Apex of Management of the Guyana Police Force? OMG, the answer is a resounding NO. I again reiterate that to confirm Clifton Hicken as the Commissioner of Police will be unconstitutional, ultra vires, null and void and of no legal effect. May God help the Guyana Police Force.

Yours truly,
Clinton Conway
Assistant Commissioner of Police (Ret’d)