Like an angel of mercy, Justice Nadia Kangaloo last week briskly brought some relief and certainty to a very troubled, confusing situation.
After weeks of wrangling and speculation over the legality of Gary Griffith’s appointment as acting commissioner of police, Justice Kangaloo ruled that such appointment by the Police Service Commission (PSC) was null and void and that paragraph four of Legal Notice (183 of 2021) which allowed such appointment was unconstitutional.
Two months ago, Senior Counsel Rolston Nelson also questioned the constitutionality of this legal notice. Two weeks ago, Prime Minister Dr Rowley admitted that “an error was made.”
There were three matters filed in court around the PSC decisions. Faced with sharp disagreements within the PSC membership and their alleged misbehaviour, Opposition questions over President Paula-Mae Weekes’ handling the list of nominees for commissioner and acting commissioner, the PSC collapsed, so by last Friday there was no commissioner or acting commissioner and also no PSC. This was widely described as a “constitutional crisis.”
Dr Rowley defensively declared it was “a situation but not without a solution.” National Security Minister Fitzgerald Hinds said that Mc Donald Jacob by virtue of being Deputy Commissioner “remains in charge.” Whenever there is no law or system to cure or solve an emergency, the “doctrine of necessity” can be looked at for temporary relief. Is this what Hinds meant?
Justice Kangaloo’s decision, short-term as it may be, reminds me of Shakespeare's words: “Sweet are the uses of adversity which, like the toad, ugly and venomous, wears yet a precious jewel in his head.” We may not like it but, facing our constitutional adversities, we should still find something good, a precious jewel, from it. But this depends primarily on Dr Rowley.
I am not talking about what the President or the PSC will do or not do when fully packed. The unholy mess, legal expenses and loss of public confidence the country has experienced over the operations of the PSC and appointing a Commissioner of Police (CoP) cannot continue. Merely tinkering and chinksing with bits and pieces of the PSC, the role of Parliament and the President will no longer do. A legal notice yesterday, a new one tomorrow etc, seems to bring more confusion rather than efficiency.
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It now seems that after several years of adverse concerns, mishaps by the PSC and court trials, Dr Rowley has admitted that the current system of appointing a CoP is “far worse than before.” Well, if it's broken, fix it.
In a gruelling bipartisan effort both Patrick Manning’s PNM and Basdeo Panday’s UNC established Act No. 6 of 2006 now used. Depending on the court decisions, and the experiences with the PSC since 2006, Dr Rowley should move forward with reforms. And having been there in 2006 as one of them, UNC Opposition Leader Kamla Persad-Bissessar is obliged to say something now.
Apart from Justice Kangaloo’s ruling, this L
