Firefighter challenges promotion of colleague in High Court

Last Updated on Monday, 21 April 2025, 17:59 by Writer

Guyana Fire Service Section Leader, Neville Cumberbatch is challenging the promotion of a woman as Sub-Officer, and wants the High Court to find that the appointment is null, void, and of no legal effect because the correct procedure was not followed.

Ms Melicia Moe was promoted on June 21, 2024.

Through his lawyer, Eusi Anderson, Mr Cumberbatch on April 17, 2025 filed an application naming Attorney General, Anil Nandlall as the respondent because he is the legal representative of the State and Home Affairs Minister Robeson Benn “who is the substantive wrongdoer in these proceedings.”

“The decision to appoint Melicia Moe as Sub-Officer (Fixed Establishment) was unilaterally and arbitrarily taken by the Minister of Home Affairs,” according to the Fixed Date Application.

Mr Cumberbatch alleged that in June 2024, the Home Affairs Minister, through the office of the Permanent Secretary, issued a letter approving the promotion and appointment of then Leading Firewoman, Melicia Moe as Sub-Officer (Fixed Establishment).

He said the proper procedure was not followed or done in keeping with the statutory framework governing promotions in the Fourth Schedule of the Fire Service Act.

He said while the rules provide for all promotions to be done by the Chief Fire Officer except for the rank of Sub-Officer which requires ministerial approval on the advice of a Selection Committee, in this instance there was no such committee that interviews and examines candidates.

“There was no Selection Committee appointed by the Chief Fire Officer (ag) Gregory Wickham and there was no examination or interview of any candidate for the appointment of any fire officer to the post of Sub Officer-Fixes Establishment. There was no correspondence sent from the office of the Chief Fire Officer to the Minister of Home Affairs seeking approval for the appointment of Melicia Moe as Sub-Officer (Fixed Establishment),” according to the court papers.

Mr Cumberbatch also alleges that the last Selection Committee was appointed by the Chief Fire Officer Marlon Gentle and the last set of examinations were conducted by him in 2020 after which the committee was dissolved, based on his (Applicant’s) perusal of the Continuity Book.

Mr Cumberbatch said no Chief Fire Officer is bound by the Selection Committee that his predecessor appointed and, as such, a new committee has to be appointed.

“At all material times, the Minister of Home Affairs acted in a manner contrary to the established statutory regime. He exceeded the ambit of his powers when he unilaterally appointed Melicia Moe as Sub-Officer (Fixed Establishment), failed to satisfy and give due regard to the conditions and procedures required by law, and acted in a manner unreasonable, irregular and in the improper exercise of jurisdiction,” he added.