Norton going to court on Hicken appointment as Police Commissioner; gov’t maintains its stance

Last Updated on Thursday, 19 December 2024, 20:54 by Denis Chabrol

Opposition Leader Aubrey Norton on Thursday said he would be moving to the High Court to challenge the appointment of Mr Clifton Hicken as Police Commissioner, although he has past the age of retirement, but the Guyana government said it was ready to defend its decision.

“We believe it’s an unlawful appointment because Hicken has past the age of 55…I’ve spoken to the lawyers this morning and clearly, we’re going to take legal action on this one because, for one, I don’t consider myself to have been consulted and the law says I should be consulted,” Mr Norton said in a video release. He said Mr Hicken could have continued to act without a problem.

“Mr. Norton is free to take whatever legal recourse he deems necessary…Needless to say, any legal challenge filed will be vigorously defended,” the government said in a statement.

The Irfaan Ali-led administration said the correspondence to Mr Norton constituted consultations. “Further, the Leader of the Opposition was duly consulted in the manner required by the letter and spirit of the Constitution in relation to that appointment,” the administration said.

However, Mr Norton said he did not consider the exchange of letters as a form of constitutionally required consultations, and maintained that he could not support Mr Hicken because of swirling allegations of corruption in the Police Force. The Opposition Leader said when President Irfaan Ali had written him informing about plans to appoint Mr Hicken and five deputy police commissioners—Ravindradat Budhram, Fisal Karimbaksh, Wendell Blanhum, Simon McBean and Errol Watts—he responded with a call for an investigation.

The Opposition Leader said the police force was being politicised by a “lawless” government.

The Guyana government is staunchly defending its position that Mr Hicken’s appointment did not flout the Constitution. “For the public record, the Government maintains most resolutely that Mr. Clifton Hicken was lawfully appointed in accordance with the provisions of Article 211 of the Constitution of Guyana and in due compliance with the Constitution (Prescribed Matters) Act, Cap. 27:12.

That law states that the President, acting on the recommendation of the Police Service Commission may permit a
Commissioner of Police who has attained the age of 55 years to continue in office until he has attained such later age, not exceeding 60 years, as may have been agreed with the Commissioner of Police before that office holder has attained the age of 55 years.

Mr Hicken was appointed Police Commissioner although he past his retirement age of 55 in July 2023 in his substantive position of Assistant Police Commissioner. He had been acting Police Commissioner from March 20, 2022, to December 19, 2024.