President concerned over top cop imbroglio as Gary goes to court
PRESIDENT Paula-Mae Weekes is said to be concerned over the latest developments surrounding the appointment of a police commissioner.
However, she says there is nothing she can do about it.
In response to questions from Newsday on the current imbroglio between the Police Service Commission (PSC) and Gary Griffith, the President’s communications adviser said, “Of course the President is concerned.”
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.
Newsday had asked if the President had the power to step in or discuss the issue with the relevant players.
In response, the President’s office 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).”
Questions were also sent to the PSC to ascertain Griffith’s position and whether deputy commissioner McDonald Jacob would continue in his acting position, but there was no response except acknowledgment of Newsday’s e-mail.
Calls to Jacob’s phone went to voicemail.
Just after 4 pm on Monday, Griffith carried out his stated intention to take the PSC to court over the latter’s instruction to him not to report for duty on Tuesday pending an investigation into allegations related to the issuing of firearm user’s licences (FULs).
The order by the PSC took immediate effect and is in place until further notice.
Griffith maintains this move was “illegal, irrational and in breach of the rules of natural justice, null, void and of no legal effect.”
Griffith’s High Court action includes an injunction application to stay the commission’s order until a judge determines his challenge.
The matter was assigned to Justice Ricky Rahim. Up to late Monday, no hearing had been set.
Griffith, who has been on vacation, said the PSC notified him by e-mail of his suspension late on Friday night. The next day, he sent a legal letter to commission chairman Bliss Seepersad, giving a deadline of noon on Sunday to revoke the suspension.
Sources said the commission stood its ground, responding late on Sunday night, at which Griffith instructed his attorneys, led by former attorney general Ramesh Lawrence Maharaj, SC, to go ahead and file the legal challenge.
Griffith has told the Newsday he will not be speaking on the matter, but will let his attorneys do so for him.
On Monday, attorney Larry Lalla, one of Griffith’s lawyers authorised to speak to the media, confirmed an application had been filed to have the court review the decision of the commission as conveyed to Griffith on Friday to cease to report for duty.
“We are submitting to the court the instruction by the PSC was arrived at in a manner that was unfair to him and in breach of his rights to natural justice and his right to protection of the law under the Constitution.”
Lalla confirmed that the application for review also contained a separate one for interim relief to stay the PSC’s decision so that Griffith could return to work pending the court’s decision.
He said based on the commission’s response on Sunday, the former CoP’s lawyers were of the view that it strengthened their position.
Lalla declined to comment on what would happen if the court does not grant the interim injunction, saying, “We don’t want to pre-empt anything. We will cross that bridge when we get to it.”
He also said there was no truth to rumours earlier in the day that Griffith had moved out of the commissioner’s official quarters at the police barracks in St James.
Griffith claims 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 issuing of FULs and the police handling of an incident at sea involving Christian Chandler, the head of the police legal unit.
The PSC appointed John after it received a report from the National Security Council, which undertook a fact-finding exercise in the face of public disquiet, and other confidential information surrounding the issuing of gun licences, including granting over 100 semi-automatic weapons to civilians.
Griffith said in his letter the PSC had not given him any information supporting any allegation of wrongdoing or evidence against him in his conduct as CoP, and said he had been co-operating fully with the John enquiry.
He told Seepersad, “Since receiving your said letter of September 1st 2021, I have been contacted by Justice John on several occasions and I have provided all assistance which he requested; given him access to all relevant information which he required; facilitated him in interviewing any police officer he wished and allowed him access to all records he required. However, at no time did he make, or ask me to respond to, any allegations whatsoever against me or the performance of the functions of my office.”
Griffith also disclosed a letter John sent to him on Saturday which confirmed his co-operation and said categorically that the remit of the investigation did not involve Griffith nor any other police officer.
“This is indeed self- explanatory. However, it would be plain and beyond doubt to anyone reading that letter that I, as CoP, am not under any investigation by Justice John.”
Griffith said from the notice of suspension from the PSC it was “crystal clear” that the PSC had decided to suspend him on the basis of the John investigation.
“The letter of September 17, 2021, pellucidly demonstrates that the commission mistakenly persuaded itself that the Stanley John investigation, in and of itself, is a basis for suspending me.”
He said as a result of John’s response to him that he was not under investigation “the entire basis upon which the (PSC) purported to act and exercise the power of suspension has been wholly, entirely and irretrievably undermined.
“As such, when it purported to exercise the power of suspension, it knew fully well that the suspension was done outside of the remit of Justice John’s investigation. Therefore, the commission had no jurisdiction to suspend me on the basis of this investigation. The commission’s decision was an illegality, irrational and in breach of the rules of natural justice, null, void and of no legal effect.”
Griffith’s three-year term as commissioner ended on August 17, and the PSC appointed him to act in the post until a substantive office-holder is appointed.
He is among the top candidates interviewed by the PSC. A High Court judge has stalled the process of forwarding the names to the President after a complaint by one applicant, Snr Supt Anand Ramesar, about the fairness of the process.
Lalla declined to comment on the lawsuit challenging Griffith’s acting appointment.
Griffith is also represented by attorneys Jagdeo Singh, Larry Lalla, Michael Rooplal, Alvin Ramroop and Kristy Mohan.
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