Rape charge recommended against Deputy Police Commissioner Karimbaksh, file with DPP
Police have recommended rape charges against Deputy Commissioner Fizal Karimbaksh in a case involving a female officer. The file has been sent to the Director of Public Prosecutions.
Police recommend rape charge against senior officer as DPP reviews file
Police have completed their investigation into rape allegations against Deputy Commissioner of Police Fizal Karimbaksh and recommended that he be charged, according to well-placed sources cited by Kaieteur News. The file has been forwarded to the Director of Public Prosecutions (DPP) chambers for further advice and had not been returned to police as of last Tuesday.
The case centres on allegations made by a female police inspector, who reportedly submitted a formal statement detailing claims of rape and threatening behaviour against the senior officer. The Guyana Police Force previously confirmed it had received a report containing those allegations and established a team to conduct a thorough investigation.
Civil society demands independent prosecution
A coalition of civil society organisations and individuals called earlier this month for an independent investigation into the matter, warning that the reported reversal of an order sending Karimbaksh on pre-retirement leave raises serious questions about accountability and the rule of law. The coalition said it had previously questioned why the deputy commissioner appeared to be receiving special treatment given the gravity of the allegations.
"The Sexual Offences Act lays out clear processes to be followed in sexual offences cases, including paper committals and the exchange of all statements by both prosecution and defence lawyers," the coalition's letter noted. It questioned whether survivors, Guyanese organisations, and the wider public could have confidence in police investigating allegations against one of their own — particularly an officer of Karimbaksh's seniority.
"Justice must not only be served but must appear to be served," the coalition stated, calling for the immediate appointment of a special independent prosecutor to investigate and prosecute the case.
The signatories also directed criticism at DPP Shalimar Ali-Hack, urging her to explain what they described as a prolonged delay in advising on the institution of charges. "We therefore call on the DPP to break her silence and explain her long delay in advising that charges be instituted, including arrest, as is the norm for procedures for any sexual offence crime," the letter read.
Former PSC chair challenges legal opinion from Attorney General
Former Chairman of the Police Service Commission and retired Assistant Commissioner of Police Paul Slowe last week criticised a nine-page legal opinion issued by the Attorney General's Chambers. Speaking on a recent edition of the programme "Speaking Out: Exposing Corruption and Incompetence," Slowe argued that placing Karimbaksh on accumulated vacation leave during an active rape investigation does not constitute disciplinary action and carries no constitutional obstacle.
Slowe contended that state legal advisers had conflated administrative safeguards with formal disciplinary proceedings when analysing the constitutional framework governing senior ranks under Articles 211, 212, 225, and 232 of the Constitution of Guyana. While Article 233 confines the Police Commissioner's independent disciplinary powers strictly to ranks below inspector, Slowe maintained that directing an officer onto earned accumulated leave to facilitate an unhindered investigation does not amount to punishment.
"Sending Karimbaksh on accumulated vacation leave cannot be interpreted as him being disciplined," Slowe stated, pointing to public service precedents in which senior officers were similarly instructed to proceed on accumulated leave as evidence that administrative options remain immediately available to executive leadership.
The case has drawn sustained public scrutiny over the handling of allegations made by a junior female officer against one of the force's most senior figures, with mounting pressure on both the DPP and police leadership to demonstrate that standard procedures are being followed without favour.
Source: Kaieteur News