WHY THE DELAY?

It appears that another round of areas of difference between the Administration and the Police Service Commission (PSC), as existed in the 1990s, may once again be shaping up between the two bodies over the office of the Commissioner of Police.

But while in 1993 the Commission had resisted attempts by the Government to have it retire then Commissioner of Police, Jules Bernard, on the ground that particulars which it had requested of the Administration lacked sufficient grounds to justify Bernard’s being retired from the post, a report in Newsday indicated that the PSC has written to the Prime Minister recommending Everald Snaggs for the post of Commissioner. It is held, however, that Prime Minister Patrick Manning favours another senior Police officer for the Commissioner’s chair, and Newsday has quoted reports as that person being recently promoted Assistant Commissioner of Police, James Philbert. Bernard has long since retired, and two persons — Messrs Kenny Mohammed and Hilton Guy — have held the post, with Guy, the last holder, retiring recently. Snaggs, who is officially due to retire on July 15, 2004, has been acting Police Commissioner since Guy went on pre-retirement leave in July of last year.

Although the PSC is vested with the power under the Constitution to appoint a Police Commissioner, it is required to consult with the Prime Minister and Leader of the Opposition, and cannot appoint anyone to the post if, as Section 123 (3) specifically states, “the Prime Minister signifies to the Police Service Commission his objection to the appointment of that person to such an office”. Although the Prime Minister clearly does not have the prerogative to name a specific person as Commissioner of Police he can, nonetheless, reject the names of individuals put forward by the Police Service Commission and continue the process until the name of the person he considers should be appointed is presented to him. This means that should Prime Minister Manning, who has been reported as planning to deal with the PSC’s recommendation of Snaggs for Commissioner of Police when he returns to office this week after attending the Common-wealth Heads of Government Conference in Nigeria, reject the Commission’s recommendation the PSC would, in all probability, go down the line of the hierarchy of the Police Service until the PM signifies his approval.

Should the Prime Minister confound reports and agree to the appointment of Snaggs as Commissioner of Police, which would give him (Snaggs) a relatively short period in the office, it does not appear likely that he and his Cabinet will do as the then United National Congress Administration did in the case of Kenny Mohammed in 1997, and extend Snaggs’ stay in office beyond the officially due date of his retirement.