- Attorney General says sergeant illegally withdrew services
IN a Constitutional motion before the court last Friday, dismissed Police Sgt Cleveland Glasgow, is seeking declarations that his dismissal in December 2000 by the Commissioner of Police is unlawful and that he is still a member of the Guyana Police Force.

But in submissions by the Attorney General, Mr. Doodnauth Singh, S.C., who as respondent, is opposing the application for a Notice of Motion, has in written submissions, urged Justice Rishi Persaud to dismiss the application and to find that the Commissioner of Police acted lawfully at all times in dismissing the applicant from the Guyana Police Force.

In keeping with the rules of the court the Attorney General was the first to make submissions in matters of the kind and dealt with facts and law, to support his contention that the Applicant’s case was devoid of merit.

When the matter resumes later this week, Attorney-at-Law, Mr. Nigel Hughes, for the applicant will respond to the submissions by the Attorney General.

Beginning his submissions, the Attorney General pointed out that the Applicant

was appointed a member of the Guyana Police on September 6, 1976, and was promoted to the rank of Sergeant of the Guyana Police Force.

The applicant while stationed at the Vigilance Police Station was granted seventy four (74) days annual leave for the period September 18, 2000; to the November 30, 2000.

According to the Attorney General on November 28, 2000, the applicant reported to the Kitty Police Station that he was ill and had been issued with a medical certificate for 28 days sick leave. An entry was made to that effect in the Message Book of the Kitty Police Station on the said date, but no further action was taken by the applicant with respect to the tendering of the medical certificate.

The Attorney General contended that the applicant, therefore, failed to adhere to the settled rules and practices of the Guyana Police Force regarding the procedure for submitting medical certificates. He failed and or neglected to take the Kitty Police Station Medical Journal to Dr. Persaud to have the recommended leave inserted therein and further to have the leave recommended by Dr. Persaud confirmed by the Police Surgeon.

Thus, the Attorney General pointed out that the applicant never formerly applied for sick leave nor did he submit a form for sick leave then or any time thereafter.

The Attorney General argued that by reason of the aforementioned, the applicant was deemed to have illegally withdrawn himself from the Police Force.

By letter dated January 18, 2001, the then Commissioner of Police, Mr. Laurie Lewis, wrote to him informing him that having failed to report for duty he was deemed to have illegally withdrawn from the Guyana Police Force in contravention of Section 37A (1)(b) of the Police Act Chapter 15:01 and was therefore dismissed from the Guyana Police Force with effect from the December 17, 2000 in accordance with the powers vested in the Commissioner under the provisions of Article 212 (3) of the Constitution of the Republic of Guyana.

The applicant on December 12, 2003, filed a Notice of Motion with affidavit in support seeking certain orders including:

A declaration that the termination of his services by the Commissioner of Police on December 17, 2000, was ultra vires, null and void.

A declaration that the plaintiff is entitled pursuant to the provisions of the Constitution of the Cooperative Republic of Guyana and otherwise to his pension.

A declaration that the plaintiff’s fundamental right as guaranteed by Article 142 of the Constitution of the Cooperative Republic of Guyana was breached and contravened by the actions of the defendants when they purported to terminate the plaintiff’s services on December17, 2000.