High Court rules Police Commissioner lawfully appointed

Last Updated on Wednesday, 16 July 2025, 19:06 by Writer

Chief Justice Roxane George-Wiltshire on Wednesday ruled that Mr Clifton Hicken was properly appointed substantive Police Commissioner although he had passed the retirement age of 55.

“Their argument was or is that because the Constitution says a Commissioner of Police shall vacate the office upon attaining the age of 55 that means that one cannot be appointed after age 55. That is an implication. You are drawing an inference there.

And, we were able to point out that it will be wrong to draw such an inference because that provision doesn’t apply to Mr Hicken who had received an extension of time beyond the age of 55 before he reached the age,” Attorney General Anil Nandlall said on his social media programme, Issues In The News.

He elaborated, saying that the Chief Justice found that Mr Hicken’s appointment was not unlawful or unconstitutional, and President Irfaan Ali did not violate the Constitution (Prescribed Matters) Act 1967 “when he converted the acting appointment to a substantive one after he passed 55 years of age.”

People’s National Congress Reform (PNCR) member Troy Garraway, who failed to convince the High Court that a Police Commissioner could not be appointed substantively if he or she is older than the retirement age, was ordered to pay the court GY$500,000 in costs.

Mr Nandlall restated that the President relied on the Constitution (Prescribed Matters) Act to appoint Mr Hicken substantively on December 19, 2024, but Mr Garraway had said “this provision relates to the extension of a Commissioner of Police already in office.”

On approaching 55 years, Mr Nandlall recalled that the President extended Mr Hicken’s appointment until he reaches the age of 60.

On te Issues In The News programme, the Attorney General restated that there was no provision of the Constitution blocking the President from appointing someone as Police Commissioner after the person attains the age of 55.

The Police Commissioner was represented by prominent Trinidad and Tobago lawyer, Douglas Mendes.

The State was represented by Attorney General Nandlall, Deputy Solicitor General Shoshanna Lall, and Loretta Noel. Mr Garraway’s lawyers were Dr Dexter Todd and Dexter Smartt.