Justice Cannings said: “It was an error of law and ultra vires on the part of the Public Services Commission to, without highlighting the issue surrounding the absence of tertiary qualifications, include David Manning in its preferred list of candidates, knowing that the successful candidate would be appointed to two positions and it being clear that Manning was not qualified for one of those positions (secretary for the Department of Police).”
Justice Cannings said they were two separate positions.
“The fact that the position of commissioner is the dominant position created by the Constitution does not mean that the qualifications for appointment to that position (which do not include possession of tertiary qualifications) override or subsume the qualifications for appointment as Secretary for the Department of Police.