Criminal probe against Deputy Commissioner Karimbaksh must proceed, Forward Guyana insists

Forward Guyana is demanding that the criminal investigation into Deputy Commissioner Fizal Karimbaksh continue, arguing the PSC vacancy does not suspend criminal law.

Forward Guyana: PSC vacancy no barrier to criminal case against senior police officer

The Forward Guyana movement is calling on authorities to press ahead with a criminal investigation into Deputy Commissioner of Police Fizal Karimbaksh, rejecting the notion that the absence of a constituted Police Service Commission (PSC) provides any legal cover for delay, Kaieteur News reports.

In a public statement released Friday, the movement confronted what it described as growing uncertainty over whether senior law enforcement figures can be held criminally accountable during periods of administrative vacancy at the PSC.

"Are we then to accept that a Deputy Commissioner of Police is above the law because the Government has failed to constitute the Police Service Commission? Certainly not," Forward Guyana declared. "The absence of the Commission suspends disciplinary proceedings against officers of his rank. It does not suspend the criminal law. The criminal investigation must continue without delay."

To underscore its argument, the movement pointed to the pace at which state agencies responded following the MV Barima maritime disaster. The vessel sank on 18 July, and within ten days the Guyana Police Force had obtained advice from the Director of Public Prosecutions and charged three crew members with murder.

"Whatever view one takes of those charges, the Police and the Director of Public Prosecutions demonstrated that a file can be investigated and reviewed in a matter of days," Forward Guyana noted.

The movement drew a direct parallel between that case and the current one, arguing that the same standard must apply regardless of rank. "Three employees of the Transport and Harbours Department were charged within ten days. The State owes a Deputy Commissioner of Police no greater patience," it stated, adding that once completed, the full investigative file must be submitted to the Director of Public Prosecutions pursuant to Article 187 of the Constitution.

Forward Guyana also addressed the operational authority of the Commissioner of Police directly, arguing that action on Karimbaksh's command position at the Special Organised Crime Unit (SOCU) — the unit in which the complainant served — does not require PSC involvement.

"The Commissioner of Police commands the Force and assigns its officers. He can relieve Mr. Karimbaksh of command of SOCU without altering his rank or office and without any Commission," the statement urged. "That would be an operational decision, not a disciplinary one, and the Commissioner should make it today."

The movement closed by framing the matter as one of competing rights that the government has thus far failed to balance. "Mr. Karimbaksh is entitled to the presumption of innocence. The complainant is entitled to the protection of the law. This Government has yet to show that it understands the second."

Source: Kaieteur News