Text of letter from Karl Hudson-Phillips, QC to Attorney General Anand Ramlogan September 26th 2013. Hon Sen Anand Ramlogan, SC, Attorney General, Cabildo Chambers, St Vincent Street, Port of Spain. Dear Attorney General, RE: Nomination by his Excellency the President acting under Section 122 (3) of the Constitution of Trinidad and Tobago of Dr James Armstrong and Mrs Roamar Achat-Saney to the Police Service Commission. Permit me most respectfully to refer to the above and to the instructions of my client, Mr John Reginald Phelps Dumas, former Head of the Public Service and one time ambassador of this country. I am instructed by Mr Dumas to draw your attention deferentially to the provisions of section 122 (3) of the Constitution in relation to the nominations on the 4th September 2013 for the appointment by His Excellency the President for persons to serve on the Police Service Commission. The Secretary to His Excellency, Mrs E Daniel-Liverpool, by letter dated 4th September 2013 to the Clerk of the House of Representatives forwarded four (4) nominations by His Excellency of certain named persons. Together with notifications of the nominations of the persons concerned were forwarded curricula vitae of the nominees. Two (2) of the nominees, Mr Martin Anthony George and Mr Addison Khan, are persons whose previous membership of the Police Service Commission expired in July 2013. Both Mr Martin George and Mr Addison Khan are qualified attorneys-at-law and practitioners of long standing. The nominations of Dr James Kenneth Armstrong and Mrs Roamar Achat-Saney, if confirmed by affirmative resolution of the House of Representatives, will result in their membership of the Police Service Commission for the first time. By section 122 (3) of the Constitution, the President, after consultation with the Prime Minister and the Leader of the Opposition, is required to nominate to the Police Service Commission persons who are both qualified and experienced in one of the disciplines of law, finance, sociology or management. Subject to the general provisions for qualification (section 126 ibid), of the three (3) Service Commissions provided for by the Constitution, the Police Service Commission is the only one in which there is a stipulation that members hold specific qualification and experience. This was not so originally and came about as a result of an amendment to the Constitution in 2006 which had to be passed with the required special two-thirds majority by both Houses of Parliament. A review of the Hansard reporting the debates in both Houses on the second reading of the Bill for Act No.6 of 2006, reveals the concerns then expressed by the Parliament that members of the Police Service Commission should possess the particular special qualifications and experience needed to meet the challenges which had arisen (and still exist) in the Police Service. These specific powers and duties are now set out in section 123 (1) of the Constitution as amended. It is important to note that the other Service Commissions, the Public Service Commission and the Teaching Service Commission, have no such requirements for appointment. It is against the above background that I am instructed by my client to convey his serious concerns and reservations as a citizen that the nominations by His Excellency of Dr James Kenneth Armstrong and Mrs Roamar Achat-Saney do not comply with the letter and spirit of the requirements of section 122 (3) of the Constitution. A proper reading of the relevant provisions indicates that nominees must be in a position to show that they are both qualified and experienced in one of the prescribed discrete disciplines of law, finance, sociology or management. Qualification alone in a particular discipline will not be sufficient unless it is reinforced by experience. In addition, experience in one of the disciplines without being qualified in it will not satisfy the requirement. I am instructed that the curricula vitae of both Dr James Kenneth Armstrong and Mrs Roamar Achat-Saney demonstrate that they do not satisfy the requirement of section 122(3) of the Constitution and are therefore not eligible for appointment as members of the Police Service Commission. Their failure to meet these requirements must not be construed as an indication that they do not possess qualifications which may be eminently suited for service elsewhere. The curriculum vitae forwarded with his nomination by His Excellency shows that Dr James Kenneth Armstrong is a development planner. He is highly qualified in urban and regional planning, environmental design and architectural/Int-Design. However, there does not appear to be any evidence that the impressive scholastic record of Dr Armstrong includes his being qualified and experienced in either of the required disciplines of law, finance, sociology or management. The same may be said of Mrs Roamar Achat-Saney, for many years until 2011 a distinguished Principal of the Fyzabad Secondary School. She obtained the Legal Education Certificate on the 7th September 2012 and was called to the Bar on the 15th November 2012, less than one year ago. Practice of the law for less than one year cannot, on the most generous of assessments, be described as her being experienced in the law. Her curriculum vitae indicates that in 2004 she obtained an Executive Diploma in School Management and Leadership while serving as Principal II at the Fyzabad Secondary School. This no doubt was of assistance to her in the execution of her duties as a principal. Inquiries at the Arthur Lok Jack Graduate School of Business, the successor institution to The Institute of Business at which it is claimed the diploma was received, reveal that no course is now offered in that subject. The particular diploma is not a qualification in the discrete discipline of management however useful it might have been in the execution of the duties as principal. I am therefore instructed by my client that the nominations of Dr James Kenneth Armstrong and Mrs Roamar Achat-Saney were made per incuriam by His Excellency the President. Should these nominations be approved by affirmative resolution of the House of Representatives, my client will take such steps as he may be advised to ensure compliance with section 122 (3) of the Constitution of the Republic of Trinidad and Tobago. I am further instructed to send a copy of this letter to His Excellency the President and also to the Hon Prime Minister and the Leader of the Opposition with whom His Excellency held consultations under section 122 (3) of the Constitution prior to making the nominations. I am also instructed to send a copy of this letter to the Hon Speaker of the House of Representatives to whom His Excellency sent the nominations. I beg to remain, Yours faithfully, Karl T. Hudson-Phillips, QC KTHP/fh cc Mr RJP Dumas (Source: Trinidad Express)
Posted on: Tue, 08 Oct 2013 12:06:46 +0000
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