Judge orders McDonald to show cause over Slowe transfer

Guyana Chronicle
May 6, 2003

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THE controversy surrounding Assistant Commissioner of Police Paul Slowe reached the Court yesterday when he challenged his secondment out of the Force.

On his application, Justice Jainarayan Singh issued an order directing Acting Police Commissioner Floyd McDonald to show cause why the decision to second the ‘B’ Division Commander should not be quashed.

The judge acted after an ex parte hearing at which Senior Counsel Rex McKay and attorney-at-law Mr. Winston Murray questioned the transfer of Slowe to the Financial Investigative Unit within the Finance Ministry.

The lawyers said Slowe has a first degree in Public Management and is a Disciplinary Service Medal (DSM) holder but has no qualification in Computer Science.

A supporting affidavit said Slowe’s removal follows Police investigations into a shooting and the use of a firearm which he refused to return to the owner despite instructions from his superiors.

Issuing the order or rule nisi or certiorari, Justice Singh cited a letter from McDonald to Slowe, dated April 29 and signed by Assistant Commissioner (Administration) Henry Greene, sending the Berbice Divisional Commander to the new post from yesterday.

Counsel for Slowe are contending that the directive from McDonald was in bad faith, arbitrary, in contravention of Articles 200 and 208 of the Constitution, Sections 100 and 101 of the Police Act and the rules of the Public Service Commission applicable to the Police Service Commission.

The action was also unconstitutional, procedurally improper, in breach of the rules of natural justice, ultra vires, null, void and of no legal effect, the Court papers said.

McDonald must now show why an order or writ of prohibition should not be issued against him, prohibiting him from enforcing the transfer, on the ground that it was done in bad faith.

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