Police Commissioner Clifton Hicken has confirmed that his embattled deputy, Fizal Karimbaksh, who is accused of raping a female police officer, is back at work two days after he had threatened to legally challenge a decision to send him on administrative or pre-retirement leave pending the outcome of a probe because there is no functioning Police Service Commission (PSC)retirement leave.
Last week, the Guyana Police Force (GPF) confirmed that the Deputy Commissioner had been sent on leave pending the outcome of the investigation into allegations of rape and threatening behaviour made against him.
Fizal Karimbaksh,
The GPF said that Hicken, following receipt of the report, established a team to conduct a thorough investigation into the allegations.
It said that additionally, the female Police Inspector who made the report has been transferred from the Special Organised Crime Unit (SOCU) to Regional Police Division 4 ‘A’.
But Karimbaksh, through his attorney’s letter dated October 7, had threatened to take legal action against the GPF if he is forced out of office ahead of his retirement in April 2027.
Karimbaksh is contending that the Commissioner of Police has no lawful authority to impose such leave on his client.
‘No applicable statutory power or operative written delegation authorising that course has been identified or furnished. Any purported exercise of disciplinary control must conform to article 212 of the Constitution; describing an enforced absence as administrative leave does not dispense with the requirement for lawful authority’, the attorney wrote.
In a second letter to the Police Commissioner, the attorney for the Deputy Commissioner said that there had been no separate written decision placing Karimbaksh on administrative leave, suspending him or otherwise defining the basis and conditions of his exclusion from his office.
The Aatorney also stated that he had not been provided with any applicable statutory provision authorizing the measure.
In response, the Police Commissioner informed the Deputy Commissioner that he was rescinding and withdrawing his previous letter by which leave was granted with immediate effect.
In the letter, icken said the decision was taken upon further consideration of the constitutional and legal framework governing the exercise of authority in respect of the office of Deputy Commissioner of Police, including the respective powers of the President, the Police Service Commission, and the Commissioner of Police.
Hicken said accordingly, the letter sending Karimbaksh on leave shall cease to have effect, and any further action concerning the grant of leave shall be undertaken by the appropriate authority in accordance with the Constitution and applicable law.
Meanwhile, the investigations into the rape and sexual assault allegations filed against the Deputy Commissioner are ongoing.