ATTORNEY General Faris Al-Rawi says there is no known basis for a court to strike out language in law in the case whether the acting appointment of Gary Griffith as commissioner of police was valid.
He was referring to Justice Nadia Kangaloo saying that Clause 4 of the 2021 Order for the appointment of a police commissioner was “superfluous.”
In ruling last Thursday, Justice Kangaloo ruled that the 2009 Order that dealt with the appointment of people to act in the posts of police commissioner and deputy police commissioner was invalid. Her ruling invalidated the appointment of Griffith to act as police commissioner.
At a virtual press conference on Monday, Al-Rawi said he will not appeal Kangaloo’s judgement.
He said the judge did not set aside the 2021 Order.
Al-Rawi said, “In fact, the judge did not set it aside. The judge introduced a curious bit of language, for the first time I have seen it in court proceedings of this nature.”
He said the curious language was when she referred to Clause 4 of Order 2021 as “superfluous.”
Al-Rawi added, “There is no known basis to strike out language.”
He said, “Whilst we can easily appeal that aspect of the judge’s order, we will not be appealing that aspect.”
Al-Rawi said he was given advice on the 2021 Order by three senior attorneys – Douglas Mendes, SC, Fyard Hosein, SC, and Michael Quamina.
He said, “Written opinions were generated (and) a full brief on the written opinions were presented to the Honourable Prime Minister and my colleagues and instructions were given for a draft or the order to be prepared and the junior counsel who prepared the draft was a fellow by the name of Douglas Mendes, SC.”
Al-Rawi said Mendes settled the draft which was approved by the Cabinet.
