Nandlall says Government ready to fight any challenge to Hicken's appointment

With Opposition Leader Aubrey Norton, signaling his intention to challenge the appointment of Mr. Clifton Hicken, as Commissioner of Police, Attorney General Anil Nandlall said he is ready for the challenge as he believes such a challenge will fall flat in Court.

Mr. Nandlall said the Constitution permits the appointment of a Police Commissioner, even after he passes the age of 55 and is acting in the position.

“It is not a case where one is being imported into the office. A distinction, a subtle but material one, is that Mr. Hicken was acting as Commissioner of Police in office when he was confirmed, that distinction is lost upon those who are advancing the contention, and Mr. Hicken can continue to hold that office until he is 60 years old provided that the President permits him in that office for that period,” Mr. Nandlall stated.

Mr. Nandlall said there is nothing in law, which has so far been pointed to, to show that the appointment of Mr. Hicken was done outside of Constitutional provisions.

“We will welcome the legal challenge and we will go to court, it is perhaps important that I reflect on the fact that Mr. Norton is claiming that he was not consulted, Mr. Norton seems to think that consultation must be what he perceives consultation to be. The constitution defines consultation and we have complied with the letter and spirit of the constitution in relation to consultations regarding Mr. Hicken’s appointment.

According to Mr. Nandlall, the President was required to consult the Police Service Commission and the Leader of the Opposition and both were done. He said there was no need for an agreement from any of the consulted parties. He said while the Police Service Commission offered its support, the Leader of the Opposition did not offer his support.

President Irfaan Ali last week appointed Mr. Hicken as Police Commissioner along with five deputies. Mr. Hicken passed the age of retirement more than a year ago.

The Opposition Leader has stated that he plans to challenge the appointment, noting that he was not consulted and that Mr. Hicken should not have been promoted and confirmed in the position after the age of retirement, even if his acting appointment was extended.