An assistant commissioner of police (ACP) in Guyana has filed a GUY$1.6 billion (One Guyana dollar=US$0.04 cents) lawsuit against the state claiming that was racially discriminated against in favor of an East Indian under the Government Diversity Policy of the Guyana Police Force (GPF).
ACP Calvin Brutus, who is on administrative leave pending the hearing and determination of more than 200 fraud charges, alleges that he was removed from the acting position of deputy police commissioner ‘administration’, where he had been serving from August 16, 2020, to July 4, 2024.
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In the lawsuit recently filed, his attorneys argued that on July 4, 2024, the police commissioner informed Brutus, who is of mixed descent, that Vice President Bharrat Jagdeo directed that their client be transferred to Special Branch to allow Assistant Commissioner Ravindradat Budhram to gain experience in administration.
The lawyers claim that their client was replaced by Budram, a Guyanese of East Indian descent.
“The Claimant was instructed to pack up his things and that a letter would follow soon thereafter. The Claimant expressed his dissatisfaction to the Commissioner of Police at the decision, who assured him that it would not impact on his upward mobility,” according to the lawsuit.
The lawyers said that their client had made known his intention to challenge the decision in court to transfer him for “reasons of discrimination on the ground of race,” and that “the decision to have the Claimant replaced by Assistant Commissioner Ravindradat Budhram ‘was based on race.”
According to the lawsuit, during the last quarter of 2020, at a meeting involving the President, Vice President, Ministers of Government, Commissioner of Police and other government officials, a directive was given by the Vice President, that the structure of the Guyana Police Force should mirror the ethnic composition of the population in Guyana.
“This would be reflected in areas such as recruitment, promotions and training. It was described as the “Government Diversity Policy,” the lawyers said, asking the High Court to find that the Government Diversity Policy of the Police Force discriminates against African Guyanese who might be qualified to be promoted.
“This policy was immediately discriminatory to members of the Guyana Police Force of African descent as the Force’s ethnic composition did not mirror that of the Guyanese population. It is estimated that 9 percent of the members of the Guyana Police Force are Afro-Guyanese.
“In the immediate aftermath of the policy, unqualified officers of the force were seen ascending to positions and opportunities ahead of other officers, who were more suitably qualified because of their race. The result of the policy was to line up officers of East Indian descent for top positions in the Guyana Police force,” the lawsuit noted.
The lawyers said that on July 11, 2024, the Police Commissioner received a call on his cellular phone to report to a Cabinet meeting and on his return, he informed their client that the executive body had instructed that he proceed on administrative leave.
On the recommendation of the Commissioner of Police, the Claimant instead proceeded on annual leave from July 11, 2024, to August 21, 2024, the lawyers said, adding that on August 21, he received a letter accompanied by a memorandum from the Home Affairs Minister that he should proceed on unspecified leave immediately.
The lawyers said that on September 4, their client received a letter dated August 29 from the Police Service Commission, referring to the Minister’s memorandum of August 21, 2024, advising the Claimant that he is on administrative leave effective August 22, 2024.
“The Claimant was not given an opportunity to respond to any of the allegations or to call witnesses in support or defense of his own case. The Claimant will contend that the decision to send him on Administrative leave without any proper investigations into the merit of the allegations leveled against him is a breach of his fundamental right under Article 149D of the Constitution to due process and equal protection of the law.”
The lawsuit also said that Brutus expressed his frustrations to the Commissioner of Police as well as the Minister of Home Affairs, Robeson Benn at the weekly statutory meetings on several occasions about the effect of the Government Diversity Policy.
“The Defendant sidelined hundreds of Afro-Guyanese who were better candidates for certain roles in preference to Indo-Guyanese officers in order to meet the diversity quota,” he added.
He specifically wants the High Court to declare that the policy is discriminatory on the basis of race and is in contravention of Articles 149 and 149D of Guyana’s Constitution and Section 5 of the Prevention of Discrimination Act. As a result, the court is being called upon to order the State to discontinue that policy.
Brutus is asking the court to declare that his fundamental right to equal protection of the law as guaranteed to him by Article 149D of Guyana’s Constitution is in breach, his right to be protected from discrimination on the grounds of race as guaranteed to him under Article 149 of the Constitution, his human rights as guaranteed to him under Article 154A of the Constitution and the Convention on the Elimination of All Forms of Racial Discrimination are all in breach. (CMC)
