Ramdeen challenges Police Commissioner

Ramdeen, who is the legal counsel for acting Senior Supt John Trim and acting Senior Supt Simbonath Rajkumar, said while the CoP did have the power under 74 (2) b to retire an officer from the Police Service, he was concerned about the procedure that has been adopted. He questioned whether, in that section, if there was any place for the CoP to use that section on the basis that an officer did not make a significant contribution to the Police Service.

Rajkumar and Trim received letters from Williams on Monday advising they proceed on early retirement.

“There is no text in the Police Service Act, there is no text in the amendment of the Constitution that gives the CoP the power to tell an officer and unilaterally come to a determination that, in his view, the officer has made no significant contribution to the Police Service, and he is now going to exercise his powers to retire this officer from the Police Service.

“It is clear that you have no jurisdiction or power to do that which you seek to do by your proposed action and if you pursue this course of action, it would only result in an arbitrary and perverse decision that would be susceptible to challenge and will be challenged,” Ramdeen said during a news conference yesterday at his office, Cornelio St, Woodbrook. He said his clients are prepared to make representations as to why Williams could not exercise the powers vested in him by Section 74 (2) b. He said his clients believe that Williams’ actions are unlawful, procedurally improper, illegal, unreasonable and unconstitutional.

Ramdeen said his clients would only make representation when they are provided with all the relevant information that they are entitled to consider and address fairly. He said they would only make those representations and engage in a process that was fair and procedurally proper, and satisfy all of the requirements of natural justice “If you attempt to proceed with your proposed action without answering this request, I hereby give formal notice that my instructions are to seek injunctive relief without further notice,” he said.

Ramdeen said the Police Service Act sets out the way in which the performance of an officer in the First Division was appraised in the Police Service Act.