Opposition leader Ralph Gonsalves on Wednesday addressed the situation regarding the Commissioner of Police primarily as an issue of constitutional protection and security of tenure, warning the current administration against what he perceives as “bullying” tactics.
Gonsalves asserts that the Commissioner of Police is protected by specific provisions in the constitution and other relevant laws. He argues that the Commissioner cannot be fired unless he has committed a crime for which he is found guilty or is guilty of “misbehaviour”.
“The Commissioner cannot be transferred to another position without his express permission”.
Gonsalves notes that the Commissioner has “leave stored up”. He explains that while the government has the authority to “send him home on leave,” they cannot simply dismiss him. If he is placed on leave, any appointment of an acting commissioner must involve the Police Service Commission and the Governor-General.
He clarifies the distinction between police ranks, noting that while the Prime Minister is involved in the appointment and status of the Commissioner and the Deputy Commissioner, other high-ranking roles (from station sergeant up to assistant commissioner) fall under the jurisdiction of the Police Service Commission.
Gonsalves characterises the pressure on the Commissioner as a sign of political immaturity, questioning why, after 46 years of independence, the basic legal protections of such offices are not better understood or respected and the public and officials to “grow up” and follow established legal frameworks rather than giving in to “ignorant calls” for removals.