A judge has ruled that certain aspects of Cabinet's new proposal for the selection and appointment of a police commissioner and his deputies are unconstitutional.
Deliverering a 51-page judgment in the Port-of-Spain High Court yesterday, Justice Peter Rajkumar struck out several measures introduced in the Police (Selection Process) Order of 2015, which he said constituted an "unjustifiable and unlawful fetter on and interference with the independence, jurisdiction and functions of the Police Service Commission (PSC).
Among the offending measures identified by Rajkumar was a provision requiring the Minister of National Security to initiate the recruitment procedure and another compelling it to utilise State-owned procurement company, Nipdec, to select a local recruitment agency which would then be contracted to assist in the selection process.
Refering to the involvement of a Government minister in the process, Rajkumar said the Constitution did not require such as the role could be filled by an independent PSC.
"It is clear also that the ability to influence and in fact control the decision as to whether or not an appointment process should be initiated, carries with it the ability to influence the outcome of that process," Rajkumar said.
He also criticised the order's removal of the PSC's insulation from the Central Tenders Board Act which was vital for its selection of a local recruitment firm.
"The commission must, in order to retain its constitutionally recognised and mandated independence and power to appoint a Commissioner and Deputy Commissioner, be free to use a firm of its own choosing, or even free not to utilise such a firm if it choses," Rajkumar said.
He also chose to strike out a provision of the order, which gives the selected recruitment firm the power to decide upon a shortlist of candidates to present to the PSC for its consideration.
The lawsuit was initiated by retired police Insp Harridath Maharaj after the order was brought into effect by legal notice.
Maharaj said he did so in the "public's interest,"as he claimed he had witnessed first-hand the debilitating effects political interference could have on the proper and efficient management of the Police Service.
Maharaj's contentions were rejected by both attorneys for the State and the PSC, who agreed that the procedure introduced by the latest order afforded the commission more power than the last order issued in 2009.
As they both noted that the PSC's independence was sacrosanct, they stated that Cabinet did not overstep its boundaries.
Attorneys, who represented the Office of the Attorney General, also defended the order's provision for the use of Nipdec to select the recruitment agency.
"The commission has a limited budget. There is nothing wrong with the PSC using the facilities of the State to achieve its objectives," Mendes said.
Maharaj is also being represented by Anand Ramlogan, SC, Gerald Ramdeen, Kent Samlal, Jayanti Lutchmedial and Douglas Bayley.
The Office of the Attorney General was represented by Douglas Mendes, SC, and Rishi Dass while Russel Martineau, SC, appeared for the PSC.
Al-Rawi responds
Responding to judgment at the weekly post-Cabinet press briefing at the Office of the Prime Minister, St Clair, yesterday, Attorney General Faris Al-Rawi, who piloted the order, said the judgment was not a defeat for the Government but rather a legal victory as the court upheld the independence of the PSC.
Al-Rawi also claimed the judgment would not affect the recruitment procedure that has already been initiated.
"I am able to report the process is afoot and Cabinet has indeed approved the necessary funds for the retension of an appropriate firm," Al-Rawi said.
Defending the decision to introduce the new provisions, Al-Rawi said such was necessary at the time because the then order controlling the process was very convoluted.
"Because of its prescriptions, it saw T&T acquiring the services of a foreign entity, Penn State University, which cost millions of dollars and many years later we have achieved absolutely nothing," Al-Rawi said.
Stating that he was yet to full analyse the judgment, Al-Rawi said on his perusal of the judgment he felt that the main issues which Government sought to address remained unfettered.