It was the Attorney General Chambers that advised Police Commissioner Clifton Hicken that he has no legal authority to exercise disciplinary control over Deputy Commissioner of Police Faizal Karimbaksh, forcing the Top Cop to withdraw his letter which had instructed the Deputy Commissioner to proceed on leave in wake of rape allegations against him.

Two weeks ago, the Commissioner of Police had instructed that Mr. Karimbaksh be sent on leave, following the rape allegations by a female Officer under his command.

Mr. Hicken letter rescinded his instructions.

The Attorney General Chambers in an opinion compiled by the Solicitor General advised him that there are no Constitutional provisions that mandate him to discipline the Deputy Commissioner.

“In my opinion, the Commissioner of Police does not possess an independent power under Article 212(3) to exercise disciplinary control over Deputy Commissioner Karimbaksh.  That provision is expressly confined to officers below the rank of Inspector. The President’s appointment power under Article 211(1), read with Article 232(9) and section 29 of the Interpretation and General Clauses Act, raises a substantial question as to the extent of the President’s consequential authority concerning the Deputy Commissioner’s appointment,” the Attorney General Chambers told Mr. Hicken.

In the advice, the Attorney General Chambers also said the Commissioner of Police may act in respect of Deputy Commissioner Karimbaksh only if the President delegates him to do so.

 He also made it clear that the Commissioner cannot derive authority from an invalid delegation, exceed the scope of a valid delegation, or use delegation to circumvent a Constitutional safeguard.

Further the Attorney General Chambers noted that any proposed removal of Deputy Commissioner Karimbaksh must comply with Articles 211(4) and 225 and any other applicable Constitutional requirements.

“The precise scope of that authority must, however, be determined in light of the Constitution as a whole and any applicable legal restrictions. The Commissioner may act in respect of Deputy Commissioner Karimbaksh only where a valid constitutional or statutory basis authorises the action, including a lawful delegation where delegation is legally permissible,” the Opinion stated.

It noted that in the absence of such authority, the Commissioner cannot assume jurisdiction merely by virtue of his office or the ordinary command structure of the Guyana Police Force.

The AG Chambers said before any decision is made concerning leave, suspension, disciplinary proceedings, or removal, the relevant authority should identify the precise legal power being exercised and ensure that all applicable Constitutional procedures and safeguards are observed. 

It said further that the Commissioner would be required to rescind his letter in respect of leave, and the President would be required to address the letter.

The President has not budged on the many calls for the Deputy Police Commissioner to be sent on leave as the investigations continue into the allegations of rape made against him.

Mr. Karimbaksh had threatened legal action over the Commissioner’s attempt to force him out on leave.

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