—lawyer challenges Hicken’s authority and calculation of leave entitlement
Deputy Commissioner of Police and Head of the Special Organised Crime Unit Fazil Karimbaksh has challenged Commissioner Clifton Hicken’s authority to compel him to take pre-retirement or administrative leave and has threatened legal proceedings if either measure is imposed without lawful authority.
In an October 10 letter to Hicken, attorney Rizwaun Mohamed said his client did not consent to compulsory pre-retirement leave on the basis advanced by the Commissioner and remained available to perform his duties.
The letter follows the Guyana Police Force’s announcement that Karimbaksh had been sent on leave pending an investigation into allegations of rape and threatening behaviour, as reported by Kiskadee Watch on October 9.
Mohamed’s correspondence addresses an October 7 letter from Hicken which, according to the attorney, stated that Karimbaksh was eligible for 174 days of annualised vacation leave before retirement and that this “should commence on 2026-11-08.”
Karimbaksh is scheduled to retire in April 2027, Mohamed wrote. However, the attorney said he had been instructed that the official records reflected an entitlement of 118 days, rather than 174. Both the calculation and the proposed commencement date were therefore disputed.
“For the avoidance of doubt, my client does not consent to compulsory pre-retirement leave on the basis presently advanced,” Mohamed stated. “He remains ready and available to discharge his duties and comply with lawful directions,” the lawyer said in the letter seen by this publication.
The attorney acknowledged that Sections 6 and 7 of the Police Act address the Commissioner’s command authority and the functions of Deputy Commissioners. He argued, however, that those provisions must be read alongside the Constitution and did not, by themselves, establish authority to compel his client’s absence.
Citing Articles 211 and 212, Mohamed contended that disciplinary control over officers of Karimbaksh’s rank rested with the Police Service Commission, subject to the relevant constitutional provisions and any written delegation of powers.
He said he had been instructed that the Commission was not constituted, arguing that its absence did not automatically transfer its powers to the Commissioner or another authority.
Mohamed also expressly challenged any attempt to place Karimbaksh on compulsory administrative leave, saying no applicable statutory power or operative written delegation authorising such action had been identified or supplied.
“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,” he wrote.
The attorney warned that he had instructions to institute proceedings without further notice if Hicken sought to compel either form of leave without lawful authority. These would include an application for urgent interim relief where necessary, other appropriate remedies and costs.
The correspondence does not address the substance of the allegations under investigation. It also does not explain how the November 8 commencement date quoted from Hicken’s letter relates to the subsequent public announcement that Karimbaksh had already been sent on leave.
The dispute follows public calls for Karimbaksh to be removed from operational duties while the investigation proceeds.
Kiskadee Watch reported on October 3 that Home Affairs Minister Oneidge Walrond had confirmed that the complainant had given a statement and that Hicken had appointed an investigative team. Walrond said she strongly believed Karimbaksh should be placed on administrative leave but acknowledged that the Police Service Commission was not constituted and indicated that she would discuss the matter with Hicken.
Red Thread’s Karen de Souza subsequently called for the complainant to be protected and for Karimbaksh to be removed from any position in which he could influence the investigation. She also questioned whether an internal police team could command public confidence.
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