NASSAU| Bahamas Press is following an updated report on Assistant Commissioner of Police Clayton Fernander’s reporting to work.
Now we reported how the ACP showed up to work and that he was directed by the Commissioner of Police Anthony Ferguson via letter that he was assigned via special posting to the Ministry of Health.
What is sad about this case is that ACP Fernander cannot be directed by anyone. He holds a post on the force where he is appointed by the Queen to give service to her Police Service.
We read the botched letter issued by the COP Ferguson, which reads that the Commissioner was exercising his powers according to 12 (3) of the Police Act.
Well, we at BP, who never sat any Bar examination in life, read the Police Act of 2009 and such a clause does not exist. What are the Attorney General/ and or the COP of the Bahamas drinking these days?
There is a 12 (1) or 12 (2) in the Police Act of 2009 and it is this section that refers to the Commissioner of Police having the authority to transfer police officers throughout the Force including the Family Islands. Those powers do not provide such deployment to any other government agency. And so in these cases, we have excellent groundwork for Judicial Review, where a judge can inform the COP of his authority – because clearly he and his Attorney General, who should be advising the Bahamas Government on such matters, are short on understanding of the laws! [BP must write The Queen tonight cause her subjects are fast asleep at the wheel in the Bahamas!].
What is also interesting in these cases of Ken Strachan and now Clayton Fernander is that the Police Act provides that such redeployment of their duties requires a 30-day notice except in welfare cases. So how come neither the COP nor Carl Bethel knows this? Ya send the men home for months and could not notify them in time on a reassignment? What kinda country is WUTLESS MINNIS RUNNING?
Anyway, we ga leave that there for the day.
We ga report and let yinner decide!