McDonald ordered to show just cause for Slowe's transfer
Stabroek News
May 6, 2003
Justice Jainarayan Singh Jr yesterday issued an order directing the Commissioner of Police (ag) Floyd McDonald to show cause why an Order of Writ of Certiorari should not be issued quashing his decision to attach Assistant Commissioner of Police Paul Slowe to the Ministry of Finance's Financial Investigative Unit (FIU).
Slowe had been transferred following his refusal to apologise to Home Affairs minister Ronald Gajraj over an incident involving a family shooting in Rosignol.
The order, following a motion filed by Senior Counsel Rex McKay and attorney Winston Murray, states that the decision "is arbitrary, made in bad faith and in contravention of articles 200 and 208 of the Constitution and sections 100 and 101 of the Police Act (Chap 16:01)."
The order is returnable on May 19 before the same judge. McDonald, by a letter, signed by Asst Comm (Admin) Henry Greene dated April 29, directed that Slowe be attached to the FIU as its director with effect from yesterday. He was ordered to report to McDonald yesterday morning. He did not turn up but Stabroek News understands that he did yesterday afternoon at which time he handed over the order to the Commissioner.
In his affidavit, in support of the motion, Slowe said that he had not applied for nor had any interest in being Director of the FIU, which has a reporting relationship to the Office of the President, nor does he have any interest in leaving the Police Force.
"The said attachment is a colourable device, aimed at unlawfully removing me as Commander of B Division and from my office as Assistant Commissioner of Police in the Guyana Police Force".
He said that his attorneys had advised him that the Commissioner of Police "has no legal authority to `second' me to a post outside the Guyana Police Force and is not authorised by Section 9 of the Police Act Chapter 16:01 to direct me to perform any civil duty with reporting relationship to the Office of the President."
"The said attachment is a less than transparent attempt unlawfully to inflict disciplinary sanctions on me without recourse to the provisions of Articles 210 and 212 of the Constitution and the Rules of the Public Service Commission applicable to the Police Service Commission."
McDonald's directive follows the refusal by Slowe to apologise to the Minister of Home Affairs, who complained to President Bharrat Jagdeo that Slowe was rude to him when he (Gajraj) had ordered him to return a firearm to Rosignol businessman Fazlim Haniff, for whom there was no record in B Division that he was licensed to use a 9mm pistol. He said that he was subsequently informed by McDonald that Fazlim Haniff had been "granted permission to have a 9mm pistol and instructed that the firearm be returned to him."
The incident arose from an incident on March 30, at Haniff's home in which his son Sheik Haniff, a licensed firearm holder of a .32 pistol was shot. The initial report made to the Police was that the shooting resulted from a domestic disagreement.
The following day Deputy Commissioner (rtd) Sultan Kassim, who works with the Minister of Home Affairs called Slowe informing him that the shooting was as a result of an accident, which occurred while Sheik Haniff was cleaning the weapon. He informed Kassim that if that was the case, then the weapon should be handed in to the Police for examination. The weapon was handed over to Det. Sgt Paul whom Slowe had instructed to go to the Haniff's residence.
He said his investigations further revealed that Fazlim Haniff was in possession of a 9mm pistol and he ordered that the Police take both weapons for ballistic examination. On April 4 Gajraj.. ordered me to return the 9mm to Fazlim Haniff. At that time an investigation into the shooting... was being conducted by the Police. I informed the minister that having regard to the status of the investigation I could not accede to his request. Slowe subsequently returned the weapon to Fazlim Haniff on the instructions of the Commissioner.
After he returned the weapon, Slowe said that he was instructed to report to the Office of the President, which he did on April 9. He said the President suggested that he should apologise to the Minister who had complained that he (Slowe) had been rude to him. Slowe said he had denied the allegation but informed the President "that I would apologise if the wrong for which I was asked to apologise was outlined to me in writing."
Slowe never received the complaint in writing but on April 29, he received the directive ordering him to be attached to the FIU.
