RGP lawyer Nick Cruz says Governor has no power to remove the Police Commissioner
Summary
TLDRThe 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.
Outlines
🧐 Confusion of Roles and Responsibilities
The first paragraph discusses the evident confusion between the roles and responsibilities of the RGP and the GPA as highlighted in witness statements. It specifically references Mr. Bardo's conclusions and the then Governor Mr. Pile's statements. The paragraph suggests that there may have been an intentional or inadvertent blurring of lines between their powers and duties. It also touches upon the inappropriateness of potentially using default powers, which is seen as an unconstitutional approach, regardless of the motives behind it.
Mindmap
Keywords
💡rgp
💡Mr Bardo
💡Governor Mr Pile
💡GPA
💡AG
💡intentionally or inadvertently
💡default powers
💡constitutional approach
💡colonialism
💡prejudged
💡proxify
Highlights
RGP's position on the confusion of roles and responsibilities between Mr. Bardo and Mr. Pile with the GPA.
Mr. Bardo's conclusions in his first witness statement at tab six, specifically paragraphs 112 to 1114 on page 217.
Governor Mr. Pile's statements in his first witness statement at tab n, paragraphs 12 to 16 on pages 239 to 243.
The suggestion that the individuals may have confused their roles intentionally or inadvertently, as discussed by Mr. McGrael.
The question of whether the actions were taken with pure motives or not, as implied by Mr. McGrael's statements.
The assertion that the gentlemen, by default, could not exercise the powers or roles of the GPA.
Mr. Pile's first witness statement, which indicates that he wrongly assumed he could proxy the GPA.
The description of Mr. Pile's approach as 'inelegant, hasty, and inappropriate' due to the consideration of using default powers.
The reference to weeks of colonialism and the critique of the approach as being more than just inelegant.
The claim that the use of default powers, regardless of belief, is deemed unconstitutional.
The transcript's focus on the importance of constitutionality in the exercise of powers and roles.
The transcript's emphasis on the clarity of roles and responsibilities in governance and legal frameworks.
The transcript's indication of potential issues with the advice given by the AG and its impact on the situation.
The transcript's mention of the role of the chairman in the context of the discussion on roles and responsibilities.
The transcript's highlighting of the importance of not prejudging the GPA's deliberations, as suggested by Mr. Pile in paragraph 14.3.
The transcript's critique of the assumption of power without clear authority, emphasizing the need for constitutional adherence.
The transcript's discussion on the potential consequences of exercising powers without proper mandate or constitutional basis.
The transcript's exploration of the implications of the actions taken by Mr. Pile and their impact on the governance structure.
Transcripts
it's the rgp's position that it's
evident from the first witness statement
of Mr Bardo that's at tab six
specifically his conclusions at
paragraphs 112 to 1114 at page
217 and from the then Governor Mr Pile
in his first witness statement that's
tab n paragraphs 12 to 16 Pages 239 to
243 that they have somewhat confused and
muddled their roles and responsibilities
with those of the GPA it appears even
advised by the AG whether Mr chairman
they' done that intentionally or
inadvertently with pure motives or not
as suggested by Mr mcgrael that's a
matter for you both gentlemen absent of
default simply could not exercise those
powers or role or they exercise or
threaten to exercise or set about
exercising indeed it's quite astonishing
we say Mr pilon's first witness
statement with the assistance of the
other the chief minister wrongly assumed
that he
could proxify I'm not sure that's a word
but it's
descriptive the GPA by suggesting as he
did at paragraph 14.3 that he had not
prejudged the gpa's deliberations but
they didn't deliver he would consider
using his default Powers we say an
inelegant Hasty
inappropriate approach weeks of
colonialism but more importantly we say
an unconstitutional approach whatever he
might have believed or not
believed
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