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The naming of new members to the now inquorate Police Service Commission rests with the President, in consultation with the Prime Minister and Opposition Leader, sources at President's House told Newsday on Tuesday.
Roger Kawalsingh, Dr Susan Craig-James and Courtney McNish resigned to protest the suspension of Gary Griffith as acting Commissioner of Police (CoP), leaving chairman Bliss Seepersad, alone.
The three recently-resigned commissioners were mum on Tuesday or could not be reached for their views on the state of the commission. Craig-James told Newsday, "I don't have anything to say." Courtney McNish said, "I'm not talking to the press." Seepersad and Kawalsingh could not be reached for comment.
However the Constitution gave much guidance as to the way forward, even as Barataria/San Juan MP Saddam Hosein Saddam Hosein urged that a fresh commission be named so a new CoP can be appointed.
Newsday asked President's House sources if they would advertise to invite nominations onto the commission.
The sources replied, "It's not a question of inviting nominations. We said in our press release on Saturday that she is looking for people to replace the ones who resigned.
"If you read the Constitution, I believe the process is that Her Excellency comes up with the people and she has to consult with the Leader of the Opposition and the Prime Minister and then put forward the names and send them to Parliament for debate.
"I remember her saying her lawyers' staff look at people and they bring them to her. Then they approach people to see if they want to serve. A lot of the time she doesn't personally know the people. It's not as if she's looking for friends and family."
The Constitution (section 122) says the commission shall consist of a chairman and four other members whose nominations must get the nod or affirmative resolution of the House of Representatives.
Commission members must be "qualified and experienced in the disciplines of law, finance, sociology or management."
The source had no comment on Opposition Leader Kamla Persad-Bissessar's claim on Monday that the President and Prime Minister had recently met to discuss the selection of an acting CoP.
Leader of Government Business Camille Robinson-Regis told Newsday that as far as she knew the nomination of one new member to the commission, retired DCP Vincel Edwards, was still alive on the parliamentary order paper, regarding his willingness and eligibility.
The Constitution in section 126, under general provisions of service commissions, debars the appointment to a commission of anyone who is a member of the House of Representatives or the Senate, or anyone who "holds or is acting in any public office or has held any public office within the period of three years preceding his proposed appointment."
Robinson-Regis said, "His notification is still alive. I assume he would have met the criteria." Newsday asked if any conflict of interest might arise by Edwards being a former police officer.
She replied, "Well I wouldn't want to comment on that because the notification has been made by the President. The President would have consulted both the Opposition Leader and the Prime Minister and then she would have brought her notification. That would have looked at all of that. So it's not for me to comment on that."
Newsday inquired of Edwards by text message but up to press time he had not replied.
Hosein lamented the current inquorate state of the commission which now fell short of the quorum of three due to recent mass resignations.
"Based on the law there is no Police Service Commission because there are not sufficient members. There is a minimum number of three in order to be a quorum."
He said this was based on the mass resignation over the past few days of member of the commission over the appointment of two commissioners of police which he said blamed on the chairman.
"I'd expect that we would want the resignation also of Bliss Seepersad, because even her members of the commission have lost confidence in her and also I believe the country on a whole.
"What they need to do is start over from fresh and appoint a fresh Police Service Commission. Also there need to be answers, so a resignation is not enough but there needs to be explanations and answers given to the population.
"We are in the middle of a state of emergency where the commissioner of police has been given some extremely wide-ranging powers under the Emergency Powers Regulations. For questions and doubts over the appointment of an acting commissioner is very unsatisfactory at this point in time and is actually dangerous."
Hosein said the Government and Office of President must get their house in order.
"The President needs to call Miss Bliss Seepersad to order and let is have a new Police Service Commission so that a proper commissioner of police can in fact be appointed in accordance with the law."
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