Hicken rescinds and withdraws leave instructions to Deputy Commissioner Karimbaksh

Two days after Deputy Commissioner Fizal Karimbaksh challenged a move by the Police Commissioner to instruct him to proceed on retirement leave and threatened legal action over that move, the Police Commissioner has withdrawn the letter, thereby allowing Karimbaksh to remain on active duty.

Last Friday, the Guyana Police Force announced that Mr. Karimbaksh had been sent on leave pending the outcome of the investigations into the allegations of rape and sexual assault that were filed against him by a female Police Inspector.

But by Friday, Mr. Karimbaksh through his Attorney informed the Police Commissioner that he does not have the legal authority to instruct the Deputy Commissioner to proceed on pre-retirement leave or administrative leave, as Officers at the rank of Deputy Commissioner would face disciplinary instructions from the Police Service Commission, which is still to be reconstituted.

On Monday Mr. Karimbaksh was informed that he is not allowed to enter his office at the Special Organised Crime Unit, as the Commissioner of Police had instructed that he blocked from entering the office.

In a second letter to the Police Commissioner, the Attorney for the Deputy Commissioner informed the Commissioner that there had been no separate written decision placing Mr. Karimbaksh on administrative leave, suspending him or otherwise defining the basis and conditions of his exclusion from his office.

The Attorney also stated that he had not been provided with any applicable statutory provision authorizing the measure.

In response, the Police Commissioner informed the Deputy Commissioner that he was rescinding and withdrawing his previous letter by which leave was granted with immediate effect.

In the letter, Commissioner Hicken said the decision was taken upon further consideration of the constitutional and legal framework governing the exercise of authority in respect of the office of Deputy Commissioner of Police, including the respective powers of the President, the Police Service Commission, and the Commissioner of Police.

Hicken said accordingly, the letter sending Karimbaksh on leave shall cease to have effect, and any further action concerning the grant of leave shall be undertaken by the appropriate authority in accordance with the Constitution and applicable law.

Meanwhile, the investigations into the rape and sexual assault allegations filed against the Deputy Commissioner are ongoing.

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