A former Eastern Caribbean Supreme Court judge has strongly condemned the Public Service Commission’s (PSC) handling of the departure of former Superintendent of Police, Tafawa Pierre, describing the move as an “overreaching” breach of constitutional rights.
Speaking on the weekend podcast, The Bubb Report, James (Jimmy) Bristol KC, a former attorney general, was critical of the PSC’s justification for forcing Pierre into retirement.
Pierre, who earlier appeared on another podcast, said he had been asked to tender his resignation on the grounds that the Prime Minister Dickon Mitchell, who is also the National Security Minister, had lost confidence in his ability to execute his duties given that his wife, wife Emmalin Pierre is the leader of the main opposition New National Party (NNP) as well as the Opposition Leader in Parliament.
Pierre said the PSC chairperson, attorney Deborah St. Bernard, had also pointed to a conflict of interest in asking him to resign and take early retirement.
But Bristol told the podcast, “There can be no conflict of interest situation there.” “There can only be a conflict of interest if the leader of the opposition is accused of some offence and he has to investigate, then he recuses himself from the investigation. He doesn’t lose his job.”
Bristol said that Pierre, who had more than 3 decades of service to the Royal Grenada Police Force (RGPF) and a pristine record, was wrongly pressured out of office. “The documents I’ve seen indicate that Mr Pierre was told, despite his exemplary service and commendations, that his services should come to an end because… his wife is the leader of the opposition, so they want him out. But that is a lot of hogwash,” Bristol said.
According to Bristol, the Constitution provides safeguards for public officers, specifically under Section 84, whereby removal from office must be for disciplinary cause and according to proper procedures. “Removal in the Constitution from office can only mean removal for cause, and that’s been decided by the courts. You can’t just remove somebody,” Bristol said, adding that the PSC was acting beyond its authority. “So the forced removal, by forcing him into retirement, is unconstitutional because of the protections afforded by Section 84 of the Constitution, which are there for a reason,” Bristol argued, further calling the move “very underhand, overreaching, [and] unconstitutional.”
“There’s no conflict of interest. If the government perceives a conflict, it can only apply in a given situation where you will recuse yourself. He doesn’t lose his job,” Bristol said, criticising what he described as “political” motivations. “It’s just on the basis that his wife is the leader of the opposition, and that’s a no-no. Okay? He was bullied into demitting office. They had no authority to do so.”
As a result, Bristol asserted, Pierre remains well within his rights to take legal action for vindicatory compensation. “You can still take action against the government for what are called vindicatory damages to vindicate him because of the overreaching by the Public Service Commission,” he said, referencing precedents set in similar cases. “You cannot, as a matter of public policy, contract out of statutory rights which are there for your protection.”
The former attorney general cautioned that practices like these undermine the principles of good governance and warned that adherence to constitutional rules is essential for Grenada’s democratic health. “The Constitution guarantees freedom of association… it’s up to us as citizens to ensure the country is run properly. It’s not up to the government,” said Bristol, who served as attorney general under a previous National Democratic Congress (NDC) administration. “How could people who are so well-read in the law run afoul of the law? But it happens all the time… It’s sad.”
President of the Grenada Public Service Commission and the Caribbean Public Service Association (CPSA) Daisy Hazzard who was also on the podcast, expressed concern over the reported forced retirement of Pierre, focusing on principles of fairness, due process, and the need for the PSC to act independently and in accordance with the Constitution. She said that her involvement came as CPSA president and not just the Grenada Public Workers Union (GPWU), after receiving correspondence from Pierre about his “forced retirement” and the alleged undermining of PSC independence.
Hazzard said she could not speak to whether Pierre retired voluntarily, but noted “I can speak to the letter that is before me,” noting that officers above the rank of inspector fall under PSC authority, and are “managed by the rules and regulations of the Public Service Commission… according to the Grenada Constitution”.
On whether Pierre’s rights were violated, Hazzard explained the established grounds and procedures for PSC-mandated retirement, including the right to representation and proper notice. “There is ambit, and there is hope for the PSC to retire an officer, even if the officer has not attained the age of majority… where an officer is accused of misconduct, he has a right to representation. He has a right to know what he’s accused of… There are remedies set out within the scope of the PSC rules and regulations.”
Hazzard stressed that, according to her research, there was “nothing which speaks to conflict of interest because of who your partner or your spouse is.” She said that the cited reason does not constitute grounds for dismissal, and that the union’s research found “no allegation of wrongdoing” in the official documents.
She also highlighted the need for the PSC to be an inviolable and impartial body, “there to protect workers from excesses, especially of politicians,” and emphasised continual dialogue with the PSC’s union representative given concerns about this case. “If he was violated, if he was not given a fair hearing procedurally, so then that was not correct at all.”
Hazzard suggested that if Pierre believed his rights were violated, he should consider seeking formal redress beyond the media. “If you really believe that your rights are violated, you’ve done a round of the media, then take it to where you can get redress, because public media will only give you moral satisfaction, but that’s a matter for him to decide.”
CMC
Any properly appointed public service worker, including the police, is protected by the constitution of Grenada. If you believe that you were unfairly treated, take it to the courts. No amount of public postering would do any good for you, unless there are ulterior motives. I challenge you, and I support you, take it to the courts if you were wrongly treated.