Attorney General Anil Nandlall has welcomed the ruling of Acting Chief Justice Roxanne George that the appointment of Commissioner of Police Clifton Hicken after the age of 55 was not unlawful.

During his weekly programme “Issues in the News”, Mr. Nandlall noted that the Court found that no Constitutional or Statutory prohibition prevents the President from appointing a Police Commissioner beyond the age of 55.

According to the Attorney General, the Constitution allows the President to extend the tenure of a Police Commissioner, in consultation with the Police Service Commission, up to the age of 60, and the law applies equally to substantive and acting Commissioners, as the Constitution confers full authority and responsibilities to both designations.

Nandlall said there is no expressed prohibition in the Constitution barring the President from appointing Mr. Hicken.

“Here there was no prohibition whatsoever against the President making an appointment to that office that person attains the age 55. Their argument was that because the constitution says a Commissioner of Police shall vacate the office upon attain the age of 55, that means that one cannot be appoint after the age of 55, that is an implication, you are drawing an inference there,” Nandlall pointed out.

While the applicant, Troy Garraway through his Attorney argued that Mr. Hicken had passed the retirement age and therefore his appointment to the substantive post was unlawful. Mr. Nandlall on behalf of the state, argued that the Constitution (Prescribed Matters) Act explicitly allows for the Commissioner of Police to serve up to the age of 60, and that nothing in the legislation prevents the President from confirming a candidate after the age of 55.

“Any action that is not prohibited by law it is legal to do that thing—whatever it is, and that simple commonsensical principle sometimes eludes the best of lawyers. So, that issue has been put to rest and the two other challenges which were filed against Mr. Hicken which were lost, were never appealed, meaning that they have accepted that decision as correct, “Nandlall argues.

Mr. Hicken became Acting Police Commissioner just after the new Government took office. His role as Acting Commissioner was extended when he reached the age of retirement, and he was later confirmed to the substantive position.

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