‘How come no one queried 3 Governments?’

A HIGH Court judge yesterday queried how during three different political parties’ term in Government since 1966, no one questioned why Cabinet was allowed to appoint the examining body responsible for setting exams for policemen and determining promotion in the Police Service. Justice David Myers, presiding in the San Fernando High Court, described as “desperately important” the need for a judicial pronouncement in the lawsuit filed by two policemen who are challenging the authority of Cabinet to appoint the examining body. The lawsuit arises out of the Police Service Association Second Division’s effort to have the Police Service Commission (PSC) release results of police examinations taken by more than 1,000 police officers. The exams were held in August last year, but to date, no results had been disclosed. But the PSC, in reply, responded via a news release that the responsibility fell in the hands of Cabinet which appointed the examination body. This led to Cpl Eusebio Cooper and Cpl Clifford Balbosa filing a judicial review application challenging the constitutional right of Cabinet to appoint the examination body.

The policemen are contending that Public Services regulations insulate the Police Service from political interference by giving power to the PSC to appoint the examination body. But the State is challenging the action, with State attorney Nirad Ramrekersingh, instructed by Nicole Moonan, yesterday telling Justice Myers that the State would be maintaining that Cabinet had such authority and not the PSC. Justice Myers sought advice from the policemen’s attorney Anand Ramlogan and Ramrekersingh on who ought to be the proper parties to the action. “If I were to hold,” the judge said, “that Cabinet does not have the power, the matter cannot just end there.” Justice Myers added, “The question is ‘who has the power?’ The court must make a pronouncement because public law is about good administration.” By consent, it was agreed and the judge ordered that the Police Service Commission be named a party to the proceedings. Saying that the case raised a “desperately interesting point of law,” Justice Myers said, “this happened for so long under three separate political parties since 1966. The glaring truth is that no one challenged whether it was right or wrong.” The judge fixed November 27 when he will begin trial of the case. Dr Fenton Ramsahoye SC will argue the case on behalf of the policemen while the State is expected to retain a Senior Counsel for its defence.