Acting Chief Justice Roxane George, has dismissed an application which was filed by PNC/R Member Carol Joseph last year, challenging the extension of the acting Police Commissioner’s time if office, after he has reached the age of retirement.

Ms. Joseph, through Attorney Dexter Smartt, had argued that only the tenure of a substantive Commissioner of Police could be extended, and that since Mr. Hicken was acting in the office of Commissioner of Police, the extension granted by President Irfaan Ali was unlawful, unconstitutional and ultra vires.

She contended that having attained the age of 55 years, Mr. Hicken was now a civilian and no longer a member of the Guyana Police Force, and sought an order requiring the Court to direct Mr. Hicken to vacate the office of acting Commissioner of Police.

But Attorney General Anil Nandlall, rejected the arguments and contended that a the term “Commissioner of Police” referenced in the Constitution contemplates both a substantive and acting appointee. 

The Attorney General further cited a section of the Constitution which states that “a reference to the holder of the office by the term designating his or her office shall be construed as including a reference to any person for the time being lawfully acting in or performing the functions of that office.”

The Attorney General further argued that no evidence was produced to challenge the President’s compliance with the Constitution, and the burden to do so was squarely placed upon the Applicant.

In dismissing the application, the Chief Justice ruled that the framers of the Constitution envisioned that if there was not a substantive Commissioner of Police, that the statutory provisions that are applicable to a substantive Commissioner of Police would also apply to an acting Commissioner of Police.

Therefore, she ruled that when the Constitution speaks to a “Commissioner of Police,” it applies to both an acting and substantive appointee. 

She also rejected arguments that the President needed to consult the Opposition Leader on the extension of Mr. Hicken’s appointment to act in the position.

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