Tag: Guyana Police Force

Posted on

There are several circumstances inscribed in law under which the police could stop motorists

I was impressed with the alacrity with which the Guyana Bar Association sought to defend by implication the expletive laden rant by Berbician Attorney-at-Law Ryan Crawford when he was stopped by a policeman recently. Conveniently, the Bar Association avoided naming its member because “the matter is under investigation”, while at the same time repeated Crawford’s misleading statement to the effect that “a motorist can only be stopped by a uniformed police officer for due cause if he has formed the reasonable suspicion in his mind that an offence has been committed.” Moreover, the Bar Association issued a veiled threat to the police officer, and the general public, over the sharing and posting of [obscene] recordings on social media.

No question that any citizen, even those without an expletive middle name, has the right to inquire from the police officer of the reason for his being stopped. But that must be done politely and respectfully, even if firmly. After all, there are some awful police officers, as there are in any vocation or profession, including the legal profession. Continue reading “There are several circumstances inscribed in law under which the police could stop motorists”

Posted on

Mr. Brummell’s purported appointment as acting Commissioner is unconstitutional

From the press, the public has learnt the Mr. Leroy Brummell DSM has been appointed as acting Commissioner of Police. It seems, once again, that the country is being treated with casual if not reckless disregard with respect to constitutional positions.

Article 211 of the Constitution provides for the Commissioner and Deputy Commissioner of Police to be appointed by the President after meaningful consultation with the Leader of the Opposition and the chairperson of the Police Service Commission. Specifically, Article 211(2) makes the appointment of an acting Commissioner subject to the same constitutional requirements as the Commissioner.

I am advised that there has been no consultation on the “appointment” of Mr. Brummell. It is therefore my opinion that Mr. Brummell’s purported appointment is unconstitutional, null and void.

For good measure Mr. Henry Greene who is the substantive Commissioner was required, under Article 211 (3) to vacate office when he attained age fifty five (55). He did not do so because according to Dr. Luncheon the government has entered into an agreement with him to continue until age 60. That agreement too is unconstitutional.

So we are in the unique position where both the substantive Commissioner (Greene) and the acting Commissioner (Brummell) exist in a constitutional illegality. What a country!

Posted on

Mr Ramnarine was exercising a right and duty under Article 32 of the Constitution

There has been a call from high-up for the disciplining of senior police officer David Ramnarine for exposing certain practices in the Guyana Police Force, and for claiming that his constitutional rights trump the Force Orders. The practice he identified was in connection with the payment of $90 million from Contingencies Fund to feed the Police over the November 28 elections period. On the question of the constitution, Mr. Ramnarine was in fact not only exercising a right but rather carrying out a duty which Article 32 of the Constitution imposes on every citizen. And as just about everyone by now knows, the Constitution is the supreme law of Guyana and not even the Parliament can make a law that is in conflict with it.

I cannot see then how some Force Order purporting to restrict a right could abridge a duty imposed by the Constitution. I would therefore like to receive from the Minister of Home Affairs an informed opinion on which instrument – the Constitution or the Force Orders, or which interest – secrecy of the Police Welfare Fund or the protection of public property – his Government considers paramount.

For, as Article 32 states: “It is the joint duty of the State, the society and every citizen (emphasis mine) to combat and prevent crime and other violations of the law and to take care of and protect public property.”

The country is fortunate and grateful that circumstances forced the lone Mr. Ramnarine to exercise his constitutional duty under Article 32. It is frightening to reflect on the several others in the Police Force, some more and others less senior to him, the GDF, the ministries and departments, and the hundreds of thousands of Guyanese who daily fail in their Article 32 duty.

Whether by accident or intent, Article 32 is a Whistleblowers protection in the public service. I would like to see some enabling legislation aimed at giving effect to Article 32, and to wrong-doings in the private sector as well.

I draw attention also to a further development from the same issue. In the process of his revelation, Mr. Ramnarine implicitly exposed a weakness in the State audits to which I have been drawing public attention: that a bare statement in the Audit Report that drawings from the Contingencies Fund did not meet the criteria set out under the Fiscal Management and Accountability Act was not enough. The Audit Office needs to go further and by a scientific sample, audit Contingencies Fund transactions for accuracy, authority, authenticity and completeness from what auditors call cradle to grave: in this case from the issue of the drawing right by the Minister of Finance to his timely request to the National Assembly for replenishment. The Minister of Finance has only up to the next sitting of the Assembly to seek approval.

I have noticed that the Auditor General (ag.), against a background of public concerns, has announced a special investigation into the $90 million fiasco. I should remind him that Dr. Ashni Singh’s Supplementary Appropriation for expenditure during the parliamentary break involved $5.7 Billion, of which $2.4 Billion was judgmental. I doubt that the public and the parliamentary opposition will be satisfied with another limited scope, incomplete and therefore inadequate exercise.

Posted on

The President should act to prevent further carnage on our roads

Once again a truck/minibus accident takes Guyanese lives, generating widespread calls, once again, for action. All Guyanese would no doubt share the grief of those who have lost their loved ones and are grateful for the lives that were spared.

Today, Monday, a couple of us went to De Edward to see one of those who miraculously survived, an employee of Ram & McRae. He and his parents confirm the reports in the press of the heroic work of the staff of the Mahaicony Hospital, work that deserves recognition from us all, work that is caring and heartening indeed.

Yet the tragedy appears not to have had even the most temporary of effect on the drivers using the road from Georgetown to Rosignol. As we journeyed both ways, I observed and made a note of the registration numbers of the vehicles that passed ours. Of the minibuses, trucks and cars that we encountered only one was anywhere close to the speed limit. I witnessed vehicles overtaking on double yellow lines, driving at a dangerous speed, vehicles without trafficators, and of course the ubiquitous roaming animals.

What I did not see in the entire journey beyond Sparendaam Police Station was a single police officer – traffic or otherwise. That was most disappointing on the day that the press carried a comment from the Commissioner of Police on the accident.

On our way up, I saw not a single warning against speeding and only a handful of notifications of the speed limits, all inconspicuously written.

After the succession of lives lost in road accidents and with no discernible action by the government and the police on issues like better regulation of minibuses, speeding, the granting of licences and certificates of fitness, highway patrols, better signs about speeding and speed limits, drunken driving, etc, it is hard to be optimistic.

Perhaps, however, this most recent accident will shock the authorities into action and something real and effective will be done.

I am not being facetious and am seriously asking the President to postpone his one-colour taxi plan and instead act to prevent further carnage on our roads.