The man who holds the substantive post of Commissioner of Police in Grenada, Willan Thompson is challenging the authority of the Public Service Commission (PSC) to transfer without just cause police officers from their posts within the security services.
Thompson has taken legal action against the Keith Mitchell-led government and the Public Service Commission (PSC) to force him out of the post following the February 2013 general elections won by the then opposition New National Party (NNP).
The embattled top cop was appointed on October 8, 2011 to act as Commissioner of Police under the rule of the National Democratic Congress (NDC) government of then Prime Minister Tillman Thomas.
Within hours of the change of government 18 months ago, Thompson met with newly installed Prime Minister, Dr. Keith Mitchell who informed him that he is not his choice for the post of Commissioner of Police.
After nearly one year of leave from duties, Thompson received a letter from the commission, headed by attorney-at-law, Derek Sylvester informing him that he was transferred with effect from July 7, 2014 to the post of Clerk of Parliament.
Court documents filed on behalf of Commissioner Thompson by the law firm of Lex Fidelis Chambers involving former Attorney-General, Rohan Phillip and former Finance Minister, Nazim Burke are challenging the manner in which the top cop was removed.
The lawyers are seeking to convince the court that a Police Officer cannot be unilaterally transferred by PSC to a post outside of RGPF without the consent or permission of the officer.
Lex Fidelis is seeking the court to make the following declaration in favour of COP Thompson when Justice Margaret Mohammed hears the matter on September 25 at High Court No.3 operating at new facilities within The Lime Building on the Carenage, St. George’s.
(1). A declaration that the Royal Grenada Police Force (RGPF) is a special or closed department within the Public Service of Grenada established by the Police Act, Chapter 244 of the Continuous Revised Edition of the Laws of Grenada and as such a Police Officer cannot be unilaterally transferred by the Public Service Commission (PSC) to a post outside of the RGPF without the consent or permission of the said Police Officer.
(2). A declaration that the decision of the PSC to approve the transfer definitively of the Claimant with effect from July 7, 2014 to the office of Clerk of Parliament, office of the Houses of Parliament was irrational and or unreasonable and or arbitrary and or a breach of natural justice, and was contrary to or a contravention of section 89 (1) of the constitution of Grenada and is therefore unconstitutional, null and void, and of no effect in law.
(3). A declaration that the decision to transfer the Claimant definitively to the office of Clerk of Parliament, office of the Houses of Parliament and the circumstances leading up thereto was in reality a termination of the Claimant’s appointment of Commissioner of Police to facilitate the reorganisation of his department, the RGPF.
(4). Further, a declaration that the office of Clerk of Parliament, office of the Houses of Parliament is not an office or post in the Public Service of Grenada of an equivalent status to that of the Commissioner of Police of the RGPF to which the Claimant may be transferred as contemplated by regulation 46 (6) of the PSC Regulations, 1969.
(5). A declaration that the Claimant, having been required to retire (the termination of his appointment of Commissioner of Police) for the reorganisation of his department, the RGPF, is entitled to be paid his salary, allowances and benefits up to the compulsory retirement age; and his pension and retiring benefits as if he had attained the compulsory retirement age, as guaranteed by section 84 (8) of the Constitution of Grenada.
(6). In the alternative to 5 above, a declaration that the Claimant has been and remains in the Office of Commissioner of Police in the RGPF, and is entitled to all of the emoluments, allowances, and pre-eminencies attached to that position.