Attorney General Anil Nandlall has already moved to appeal the decision of the High Court which allows for the matter filed against the Government by the former Police Service Commission to proceed.
The Attorney-General wanted the matter to be thrown out completely but that was rejected by High Court Judge Gino Persaud.
The Judge ruled yesterday that the matter will be allowed to continue with the former Chairman of the Police Service Commission Paul Slowe being substituted as the applicant, replacing the Service Commission itself.
The substantive matter seeks a declaration that the President’s suspension of the former members of the Police Service Commission was unlawful.
The Attorney General is not satisfied with the decision of the High Court and has now approached the Court of Appeal to reverse the High Court’s decision arguing that the Judge misinterpreted, misconstrued, and misapplied the important doctrine of ‘public interest litigation’ in such a manner that the decision of the Judge has resulted in a grave miscarriage of justice.
“The learned Hearing Judge erred and misdirected himself in law by ruling that Mr. Paul Slowe be substituted instead and in place of the Guyana Police Service Commission, a constitutional body for the purpose of continuing judicial review proceedings in the High Court of the Supreme Court of Judicature. The Decision of the Learned Hearing Judge is misconceived, and erroneous in law,” Mr. Nandlall said in his Notice of Appeal.
According to the Attorney General, Justice Persaud’s decision violates Article 226 of the Constitution and undermines the independence and functional autonomy of the Police Service Commission guaranteed by the Constitution of Guyana. Effectively, Nandlall said, the decision is unlawful, unconstitutional and is not supported by established legal principles.
It is unclear how soon the Court of Appeal will hear the matter.