‘Cabinet operated illegally for 40 years’

A High Court Judge ruled yesterday that Cabinet has been acting unconstitutional for the last 40 years in appointing a board to look after the conduct of police promotion examinations. Justice David Myers, presiding at the Port-of-Spain High Court, said the appointment of the Public Service Examinations Board by Cabinet since 1962 was unconstitutional, illegal, null and void and of no effect. The judge said that the Police Service Commission (PSC) is the only authority responsible for the conduct of promotion examinations for the Police Service, which includes the setting and marking of examination papers, the timing of the examination, publication of the results and all other administrative matters related to the hosting of the examinations.
  
Justice Myers in his 53-page judgment, ruled in favour of Cpls Clifford Balbosa, Eusebio Cooper and PC Derek Birjah who had filed for judicial review of the Cabinet-appointed examination board and the failure of the Director of Personnel Administration (DPA) to publish the results of the last promotion examination of the Police Service held in August 2002. In his ruling, Justice Myers noted that the 16-month delay in releasing the results of the Police Promotion Examination of August 2002 was unreasonable and prejudicial to Cooper, Birjah and Balbosa. However, it was noted that there was no potential for direct political influence on the affairs of the Police Service Commission, and as such the present arrangement was not in breach of the constitution. He also pointed out that the constitution allowed some political involvement in the affairs of the Service Commissions. Justice Myers also noted that based on Regulation 19 of the Police Service Commission Regulations, it was clear that the Director of Personnel Administration has nothing to do with the setting and marking of the Police Service Promotion Examinations. In his judgment , Justice Myers also ordered that the Police Service Commission appoint a new board to review the promotion examination papers from August 2002, to decide whether the papers should be approved for release and noted that the same individuals who make up the present board could be appointed to the new board.

Justice Myers pointed out that the commission must release the results from the promotion examination by March 31, 2004, if they decide to approve or adopt the papers after the review was conducted. He noted that if it was decided that the papers would not be approved, then a new examination date must be set by February 28, 2004. The examination must be held by March 31, 2004 and the results published by May 28, 2004. Justice Myers also ordered that no future promotions be made to the rank of Cpl or PC by Police Service Commission and the Director of Personnel Administration before the results of either the August 2002 or any new examination set, are published. He also said that these results must be considered when making recommendations for future promotion to those ranks. Justice Myers also declared that the Police Service can direct the Director of Personnel Administration on the administrative conduct of promotion examinations according to Regulation 19(2) of the Police Service Commission Regulations
Justice Myers also ordered that the State pay the cost of the consolidated motions for senior and junior attorneys who represented the trio. Following the judgment, Cpl Clifford Balbosa told reporters that he believed the judgment was a victory for the entire public service since all public officers were affected.

He also told reporters that he was confident that promotion examinations would be held more regularly because of the judgment that was delivered yesterday and that officers would be better prepared for the exams. Balbosa, who has been in the Police Service since 1977 is presently attached to the Homicide Bureau in San Fernando. Also speaking to reporters was attorney Anand Ramlogan, who noted that it was a national disgrace that 16-months after the hosting of the exams, the results have not yet been published. He pointed out that the officers who were awaiting these results were the victims of discrimination since several junior officers were being promoted in front of them, while they were waiting for the results to be released. Ramlogan said he hopes this judgment would serve as a wake-up call to the Public Service Commission that this type of gross inefficiency will not be tolerated by people. He trusts that it will serve as a timely reminder of the extent of the independence of our service commission, so that any form of political influence be it direct or indirect will be resisted. He also pointed out that it was processes like these which cause “good officers like Balbosa to leave the service.” Ramlogan, Dr. Fenton Ramsahoye SC and Haresh Ramnath appeared for Cooper, Balbosa and Birjah, while Deputy Solicitor General Krishendeo Narinesingh, Narad Ramrekersingh and Victor Primus appeared for the State.