PRIVY COUNCIL RULING SUPPORTS ERLA’S EXTENSION

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The Privy Council ruled today on an appeal brought by activist Ravi Balgobin Maharaj in which he had challenged the extension of  Erla Christopher-Harewood's tenure by another year- citing that only the Police Service Commission should have such authority.      In this complied report by  Express reporter Rickie Ramdass- Mark Bassant explains.

Transcript

00:00In a Privy Council ruling today, the law lords all agreed that there was nothing unlawful

00:05or unconstitutional about the decision taken by President Christine Kangaloo on the advice

00:10of Cabinet in 2023 to extend the service of Police Commissioner Willa Christopher by one

00:16year.

00:17A five-judge panel unanimously dismissed an appeal brought by political and social activist

00:22Ravi Balgubin Maharaj, who had been seeking to have the court find the extension was unconstitutional

00:28and that it usurped the powers of the Police Service Commission.

00:32It was the third defeat for Maharaj in the matter as it had also been previously dismissed

00:36in the High Court and Court of Appeal.

00:38In the judgment that was written by Lady Ingrid Simler, the British law lords agreed that

00:43under Section 75A of the Police Service Act, the President had the authority to grant such

00:49extensions in the national interest.

00:52Also sitting on the panel were Lords Hodge, Lloyd-Jones, Hamblin and Stephens.

00:58Under Section 75A, the President is permitted to extend the service of a Commissioner for

01:02up to three years but only by way of one-year increments.

01:07In this case, Cabinet had advised the President on May 4, 2023 to extend Christopher's term

01:11by one year just days before she was to attain her retirement age of 60 on May 15, 2023.

01:19On May 13, 2024, the Commissioner's service was again extended for an additional year

01:24to May 15, 2025.

01:28Following the first extension, Maharaj was allowed by the High Court to file a claim

01:31for judicial review against the decision.

01:34Essentially, Maharaj, through his attorneys led by Anand Ram Logan, Senior Counsel, argued

01:40that the power to extend the service of the Commissioner was essentially an appointment

01:44and that this was a function reserved only for the Police Service Commission.

01:48Maharaj also contended that President Kangaloo should have exercised her own independent

01:53judgment under Section 801 of the Constitution rather than act on the advice of the Cabinet.

01:59The claim was eventually dismissed by Justice Ricky Rahim in January after which Maharaj

02:03filed an appeal.

02:05Justice Rahim had ruled that the extension of the Commissioner's service was not considered

02:09a reappointment.

02:10In May, the Appeal Court also dismissed Maharaj's challenge against the ruling of Justice Rahim

02:15and rejected his arguments that the President was required to act independently of the Cabinet.

02:22They pointed out that under Section 80 of the Constitution, the President was mandated

02:26to follow the advice of the Cabinet in such matters.

02:30In today's ruling, Lady Simla said the decision of the Board was similar to that of the local

02:34Court of Appeal.

02:36Mark Besant, TV6 News.

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