By Selwyn A. Pieters B.A., LL.B., L.E.C.
Lawyer & Notary Public (Ontario, Canada)Attorney-at-Law (Republic of Guyana, Island of Trinidad)
Pieters Law Office
Created July 14, 2022
Georgetown, Guyana – July 15, 2022 - The Full Court of the
Supreme Court of the Judicature today (Honourable Madame Justice Priya
Sewnarine-Beharry and The Honourable Madame Justice Fidela Corbin-Lincoln) denied
leave to appeal to the Attorney General of Guyana, Commissioner of Police, and
the Honourable Prime Minister in a case involving adding Paul Slowe as a party
to the Police Service Commission case involving the unconstitutional suspension
of the Chairman Paul Slowe and Commissioners by His Excellency Mohamed Irfaan
Ali and the failure to government of Guyana to recognize the promotion of 132
senior police officers from Inspector to Assistant Commissioner made by the
said Commission.
Justice Gino Persaud initial substituted Mr. Slowe in the
stead of the Police Service Commission. After determining that the issues
raised in this case are matters of public interest, he determined that he would
not strike out the claim as urged by the Attorney General Mohabir Anil Nandlall
. He then substituted Mr. Paul Slowe as the Applicant and ordered rubric shall
be amended accordingly.
The Attorney General then appealed to the Full Court. The
Full Court found that there was no basis to strike out the proceedings. It also
found that Mr. Slowe, who appointment is alleged to have been wrongfully
terminated had an interest in the matter and should be a party to the
proceedings. The Court then added Mr. Paul Slowe as a party. It reasoned in a
decision of May 25, 2022 that “We fully agree with the learned trial judge’s
reasoning as to why Paul Slowe is an interested party and should be added.
However, we do not find that it was necessary to substitute Mr. Slowe in place
of the PSC which remains an existing constitutional body albeit unable to
properly function in the absence of appointed members. Based on the reasoning
of the learned trial judge Mr. Slowe should be added as a party in his own
right. Apart from the court’s power to hear from any person with a sufficient
interest in judicial review proceedings [CPR 56.04] the court has a general
power to add a party at any stage of the proceedings [CPR 19]. The addition of
an interested party saves time and costs.”
The Attorney General subsequently filed an application for
leave to appeal to the Court of Appeal on July 06, 2022 submitting that “this
matter is a public interest litigation and is of high public and constitutional
importance.” In that Application the Attorney General claimed that “The addition
of Paul Slowe as an Applicant in these proceedings has serious ramifications
not only for the determination of the substantive matter herein, but as well,
for the filed and pending interlocutory applications in this matter, including
the Urgent Notice of Application for Injunctive Relief against the Police
Service Commission… and the Notice of Discontinuance filed on behalf of the
police Service Commission.”
The Full Court rejected the submissions that the addition of
Paul Slowe as a party to the litigation, in which he has an interest, raises
matters of public importance and significance such that leave to appeal should
be granted.
The Court ruled today (July 14, 2022) that it has “the right and a discretion to add any party to a proceeding whether by an application or of its own motion. That is not an issue that in the Court’s view raises any serious issues of law. This area of law of the Court deciding to add a party, an interesting party, is not an area of law in dispute nor does it raise any issue any of great public import in terms of the adding Mr. Slowe as a party. Having regard to those facts and having regard to the entirety of this Court’s decision, we are not of the view that the application of the Attorney General’s Chambers to appeal or for leave to appeal, we are not of the view that the grounds of appeal really raise any grounds that are of merit and therefore we would refuse leave to appeal and the application for a stay.” Costs was awarded of $75,000.00 to Mr. Slowe to be paid by July 29, 2022.
Mr. Paul Slowe was represented by Selwyn Pieters, Dexter
Todd and Dexter Smartt
The Attorney General was represented by Mohabir Anil Nandlall, Solicitor General Nigel Hawke, Chevy Devonish, and Arti Outar
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