RGP lawyer Nick Cruz says Governor has no power to remove the Police Commissioner

Summary

The transcript discusses the RGP's stance on the confusion between the roles and responsibilities of Mr. Bardo and Mr. Pile, as compared to those of the GPA. It highlights the potential misuse of default powers, with Mr. Pile's actions, particularly his contemplation of using default powers without a decision from the GPA, being labeled as hasty, inelegant, and unconstitutional, despite any pure motives that may have been present.

Takeaways

• 📜 The RGP's stance is that the first witness statement of Mr. Bardo (Tab 6, paragraphs 112 to 1114, page 217) and the then Governor Mr. Pile (Tab N, paragraphs 12 to 16, pages 239 to 243) show a confusion between their roles and the GPA's.
• 🤔 There is ambiguity on whether this role confusion was intentional or inadvertent, and whether it was advised by the AG, as suggested by Mr. McGrael.
• 🙅‍♂️ Mr. Pile and the Chief Minister wrongly assumed they could proxy the GPA, which is seen as an overreach of their powers.
• 🚫 The use of default powers by Mr. Pile is described as inelegant, hasty, and inappropriate, especially in the context of weeks of colonialism.
• 📝 Mr. Pile's statement indicates he had not prejudged the GPA's deliberations, but the threat to use default powers is noted.
• ✋ The RGP finds the approach to potentially exercising default powers to be astonishing and potentially unconstitutional.
• 🤷‍♂️ The transcript implies that the motives behind these actions, whether pure or not, are a matter for the gentlemen to clarify.
• 📌 The document references specific tabs and pages which are crucial for understanding the context of the statements.
• 🗣️ The transcript highlights the importance of clear roles and responsibilities to avoid confusion and potential constitutional issues.
• 🏛️ The situation described in the transcript underscores the significance of adhering to constitutional norms in governance.
• 🤝 The GPA's independence is emphasized, and any attempts to influence or proxy its decisions are seen as problematic.

Q & A

What is the main issue discussed in the transcript regarding the roles and responsibilities of the RGP and GPA?

The main issue discussed is the confusion and blurring of roles and responsibilities between the Royal Gibraltar Police (RGP) and the Gibraltar Police Authority (GPA), as evidenced by the statements of Mr. Bardo and then Governor Mr. Pile.

Which specific part of Mr. Bardo's witness statement is referred to in the transcript?

The transcript refers to paragraphs 112 to 1114 on page 217 of Mr. Bardo's first witness statement.

What is mentioned about Governor Mr. Pile's statements in the transcript?

The transcript mentions that Governor Mr. Pile's statements, found in tab N of his first witness statement, specifically paragraphs 12 to 16 on pages 239 to 243, contribute to the confusion about the roles and responsibilities of the RGP and GPA.

What is the concern raised about the potential misuse of default powers by the individuals involved?

The concern is that the individuals, whether intentionally or inadvertently, may have advised or considered using their default powers in an inappropriate manner, which could be seen as unconstitutional.

How is Mr. Pile's approach to potentially using default powers described in the transcript?

Mr. Pile's approach is described as inelegant, hasty, and inappropriate, reflecting a throwback to weeks of colonialism and potentially violating constitutional norms.

What does the transcript imply about the chief minister's actions in relation to the GPA?

The transcript implies that the chief minister wrongly assumed that he could proxy or represent the GPA, as suggested by Mr. Pile's statement at paragraph 14.3.

What was the chief minister's stated intention if the GPA did not deliver?

The chief minister indicated that if the GPA did not deliver, he would consider using his default powers, which was criticized as an astonishing and unconstitutional approach.

What is the significance of the term 'proxiy' as used in the transcript?

The term 'proxiy' is used to describe the chief minister's attempt to represent or stand in for the GPA, although it is noted that the term may not be accurate or appropriate in this context.

How does the transcript characterize the situation with the GPA and the exercise of default powers?

The transcript characterizes the situation as one of confusion and potential overreach, with the exercise of default powers being seen as a last resort that could be unconstitutional if not properly exercised.

What is the overall tone of the transcript regarding the actions and intentions of the individuals involved?

The overall tone is critical and concerned, highlighting the potential for unconstitutional actions and the importance of clear roles and responsibilities within the RGP and GPA.

What is the importance of maintaining a clear distinction between the roles of the RGP and GPA as per the transcript?

Maintaining a clear distinction is crucial to ensure that powers and responsibilities are exercised appropriately and constitutionally, preventing any potential misuse or overreach that could undermine the governance and legal framework.