Minister Benn backs Hicken’s appointment as Acting Police Commissioner

MINISTER of Home Affairs, Robeson Benn, has defended President, Dr. Irfaan Ali’s decision to appoint Clifton Hicken as Acting Commissioner of Police, saying that it was done in the interest of the preservation of law and order, and the national security and territorial integrity of Guyana.

He made his position clear in a statement which formed part of Hicken’s affidavit in defence to the constitutional challenge filed by Opposition Chief Whip, Christopher Jones.

In his Fixed Date Application (FDA), Jones is seeking to overturn Hicken’s appointment which he claims is “unreasonable, ultra vires the Constitution, common law and is illegal, null, void and of no legal effect.”

He is also seeking a declaration that the President’s decision to appoint Hicken violates Articles 211 (1) and 211 (2) of the Constitution of Guyana. Jones is also claiming that there were no consultations between the President and the Leader of the Opposition as required by the Constitution prior to Hicken’s appointment.

However, Minister Benn expressed belief that there is insufficient evidence furnished by Jones to support the challenge. In the circumstances, he is asking the court to refuse all the orders being sought and challenged, with substantial costs.

Minister Benn, in his statement which was handed over to Acting Chief Justice, Roxane George, S.C., on July 11, said that except for a rank holding the position of Senior Superintendent of Police, Hicken is currently the longest-serving member of the Guyana Police Force and is therefore qualified and experienced to perform the functions of the office of Commissioner of Police.

Acting Commissioner of Police, Clifton Hicken

He added that former Commissioner of Police (ag), Nigel Hoppie, proceeded on pre-retirement leave on March 30, and at that time, there was no constituted Police Service Commission, nor was there a person holding the post of Leader of the Opposition.

The Minister further submitted that having regard to a number of factors, including the preservation of law and order, the preservation of peace, and the due enforcement of all laws and regulations within Guyana, in the nation’s best interest and in the interest of national security, the president reasonably opted to make the appointment rather than leave a vacuum in command and superintendence of the force.

“I do verily believe that His Excellency formed the opinion that it would be inimical, if not catastrophic, to the public’s interest, law and public order, national security and the territorial integrity of Guyana, to leave a vacuum in the office of the Commissioner of Police while he awaits a Leader of the Opposition to be appointed…” the minister said.

He submitted that the Bolivarian Republic of Venezuela has long claimed a large portion of the sovereign territory of the State of Guyana and, in recent times, this claim has been followed up with actions in certain border communities and territorial waters, including unlawful presence.

“This threat to Guyana’s territorial integrity is compounded by the fact that there is a constant flow of persons from Venezuela into Guyana, which requires both the Guyana Police Force and the Guyana Defence Force to be engaged in daily monitoring of the situation, as well as be ready to take action, when necessary, in order to protect Guyana’s territorial integrity as well as to protect national security and public order,” Benn emphasised.

Minster Benn believes that this appointment was intended to be of a “transient nature” until the PSC and a leader of the Opposition were appointed.

Opposition Chief Whip, Christopher Jones

“I do verily believe that the vacancy which existed in the Office of Leader of the Opposition was in no way occasioned by His Excellency — the President — nor by the public, but rather through acts or omissions of the Coalition Opposition of which the Applicant [Jones] professes to be a member. I am advised by the Honourable Attorney General, Mr. Mohabir Anil Nandlall S.C., MP, that it would have been a gross dereliction of constitutional duties on the part of His Excellency, the President, to undermine and jeopardise the public’s interest, national security, public order, the rule of law and the territorial integrity of Guyana, to have left the office of Commissioner of Police without an occupant,” the minister said.

Among other things, he said that on April 13, 2022, Aubrey Norton was elected as Opposition Leader and on April 29, the President commenced a “process of meaningful consultation” with him for the appointment of members for the PSC, Judicial Service Commission and Teaching Service Commission.

These consultations ended on May 30, 2022, which resulted in the appointments of the PSC commissioners on May 31. The president then held a consultation with the PSC chairman Patrick Findlay, to appoint a person to act in the office of Commissioner of Police.

Findlay, after consulting with his fellow commissioners, had no objection to the President nominating Hicken for that post.

In a letter dated June 29, the Minister of Parliamentary Affairs and Governance, Gail Teixeira, outlined to Norton the reasons why Hicken was appointed back in March. The letter also invited Norton to give his opinion on the subject.

The case comes up on Wednesday, July 20, for arguments before the Chief Justice. The state is being represented by AG Nandlall, while Senior Counsel Roysdale Forde is on record for Jones.