By Prior Beharry
OPPOSITION Leader Kamla Persad-Bissessar says she is shocked that an order of the court issued by Justice Nadia Kangaloo was amended in the “dead of the night” and without the knowledge of one of the parties involved.
She was speaking at a press conference at the Office of the Opposition Leader at Charles Street in Port-of-Spain on Friday.
Persad-Bissessar said the case was the interpretation summons brought by Ravi Balgobin Maharaj against the Attorney General claiming that the acting appointment of Gary Griffith as Police commissioner was wrong in law. He claimed that the acting appointment should have been taken to Parliament for ratification.
The Opposition said that in her ruling Justice Kangaloo stated that the selection orders of 2009 and 2021 for acting and substantive commissioner of police and for deputy police commissioner were null and void.
She said this would make the acting appointments of Griffith and Deputy Police Commissioner McDonald Jacob null and void.
Persad-Bissessar said that in the middle of the night a “wand was waved” that amended the judge’s ruling saving the 2021Order but invalidating only Clause 4.
She added that Clause 4 stated that a contract person cannot be appointed police commissioner of deputy police commissioner.
Persad-Bissessar said this amendment was made after the court received emails from attorneys for the AG and the Police Service Commission which is not properly constituted.
She said this was done without natural justice and due process since the attorneys for Balgobin Maharaj were not consulted.
Persad-Bissessar said the court emailed the initial order at 4.42pm on Thursday declaring invalid the appointments of the CoP and Deputy CoP.
She said since Balgobin Maharaja and his attorneys received the perfected order they understandably felt that the matter was over.
Persad-Bissessar said, “Lo and behold, this morning (Firday), it emerged that the court in response to emails from the Attorney General and the non-existent Police Service Commission revised its order and issued a new amended order and issued a new amended order which now invalidated once clause of the Legal Order.”
She said while the Attorney General described it as a minor amendment in a release it was a major change.
The AG issued a release on Thursday stating that the invalidating of the entire 2021 Order was in error and would therefore be appealing that aspect of the Order.
Persad-Bissessar asked, “Who made the error? How can you say the judge made that in error? Was the AG attempting to intimidate the judge with the treat of an appeal.”
She said that at 8.05 pm on Thursday, the court sent an email revising the Order with no indication that it was revised.
