Opposition Leader Dr Keith Rowley rose to the defence of Police Complaints Authority director David West, saying the removal of the PCA head by the President is governed by Section 12 of the PCA Act and in only applicable where that person is unable or unfit to perform their duties.
“The duties of the chairman are prescribed by the Act. The question is whether the fact of the chairman being a complainant in a matter being investigated by the police renders him unable to perform his duties as opposed to a scenario where the chairman is himself the subject of an investigation as is the case with the AG,” Rowley said yesterday. “The chairman, by the fact of being a complainant, does not make him a beneficiary of the actions of the police.
“In criminal matters, the State prosecutes crime for the protection of society in general. It is therefore in the interest of society that persons must report an allegation of criminal conduct so that an independent investigation is commenced for the benefit of the State,” he added.
Rowley, a geologist, said: “The fact that he is a witness is of no benefit to the office of chairman of the PCA. There is therefore no conflict of interest between a chairman who complains of a crime and a chairman whose job it is to monitor the impartiality of a police investigation. “In any event, if there is a perception of a conflict in a particular matter, the proper and normal course is recusal from any judgment in the particular matter, as has been the norm.
“The illogic of an infuriated Prime Minister, who felt she was denied the opportunity to browbeat and cover up certain wrong doing is also a message to all, especially public servants who are witness to Government wrongdoing, that they should keep quiet or face the wrath of the Prime Minister and Government.”
On whether Carmona can in fact remove West from office as called for by Persad-Bissessar, Rowley said:
“The power of the President is limited to judging whether the chairman is unable to perform his functions as chairman of the PCA. The words ‘unable’ refers to inability to do the job as chairman of the PCA, not the inability to oversee a particular investigation. “The opposite is true of the AG. He wasn’t a witness. He’s the object of the investigation which is criminal in nature and therefore may suffer personal consequences if found guilty, which would have prevented him from holding public office.”