By Prior Beharry

STRESSING “antiquated” military regulations, Justice Frank Seepersad on Wednesday dismissed a judicial review and constitutional claim brought by Leading Seaman Keron Albino against the Trinidad and Tobago Coast Guard (TTCG) and the Attorney General.

Albino’s contended that he was unfairly penalised by an outdated examination system during his bid for promotion to Petty Officer.

Albino, a 21-year veteran of the TTCG, failed his initial Leading Seaman to Petty Officer promotional examination in May 2018 because he did not pass a subject identified as “Damage Control and Firefighting.”

After re-sitting and passing the exam later that year, he was denied an adjustment to his seniority date, which would have been backdated to May 30, 2014, had he passed on his first attempt. This denial resulted in the loss of three months’ seniority.

In his lawsuit, Albino argued that the “questioned course” was improperly included as a core subject in the exam, as it was not explicitly listed in the official TTCG Regulations (Annexure 5 to Order No. 2). He sought declarations that the Commanding Officer’s decisions were unlawful, unreasonable, and breached his constitutional rights to property and equal treatment.

In affidavits Captain Don Polo—now Chief of the Defence Staff but TTCG Commanding Officer at the time—maintained that the subject had been part of the examination process since 1962.

Captain Polo described its inclusion as an “administrative decision,” noting that candidates must pass all subjects with at least 60% and achieve a 70% overall score in the professional knowledge section.

Justice Seepersad noted that the Regulations did reference a “Damage Control Evolution” as a practical, non-graded exercise.

He said that the broader subject area of “Damage Control and Elementary Ship Construction” was a listed examination topic. He concluded that the inclusion of the firefighting component under this umbrella was “neither unreasonable nor irrational.”

On the seniority adjustment, the judge found the Coast Guard’s reasons for refusing Albino’s request to be rational. The policy, as outlined in a 1988 memorandum, stipulated that a candidate who fails any single subject on a re-examination fails the entire exam for that sitting. Since Albino failed a subject in his first attempt in May 2018, he could not have his seniority backdated to 2014, the court ruled.

Justice Seepersad said this application of the rules did not amount to unfair, unequal or arbitrary treatment.

‘Pre-Colonial” systems’

 

While ruling against Albino on the specific legal grounds, Justice Seepersad criticised the regulatory framework itself. He highlighted a systemic failure to update processes post-independence, stating it “gravely impeded our ability to realise our fullest potential.”

He said, “A cursory glance at the Regulations reveals that the said document contains several sections which are now wholly inappropriate and inapplicable to this Republic. For example, Section 1 of the Regulations is entitled ‘General’ and Regulation 17 describes what is termed to be a ‘General Salute.’

“In that General Salute, as with other provisions in this Section, a hierarchical order is outlined which contains references to, among others, the Members of the Royal Family and the Governor General.

“This is so although under the Republican Constitution the President of the Republic of Trinidad and Tobago is the Commander in Chief of the Armed Forces.”

He said, “This Republic cannot continue to cling to pre-colonial systems and antiquated regulatory frameworks or to remain wedded to the status quo.”

He recommended to Captain Polo in his capacity as Chief of Defence Staff to “prioritise the updating of the Regulations as its continued use in its present form is quite frankly embarrassing.”

Ruling and costs

 

The court dismissed all of Albino’s claims for relief. It found no error in law or procedure by the Commanding Officer, no breach of legitimate expectation, and no violation of Albino’s constitutional rights. The judge also noted that Albino had not acted with the necessary expedition in pursuing his constitutional claim.

Justice Seepersad ordered Albino to pay the defendants’ legal costs, to be assessed by the court if the parties cannot agree on an amount.

 

Albino was represented by Arden Williams while Dhalia Richardson instructed by Anala Mohan and Kristyn appeared for the Commanding Officer of the Trinidad and Tobago Coast Guard and the Attorney General.