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Benjamin to Act as Top Cop

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PORT OF SPAIN – Parliament on Wednesday approved the notification of  President Christine Kangaloo regarding the appointment of Deputy Commissioner of Police (DCP), Junior Benjamin, to act as Commissioner of Police as the investigations continue into the allegation of misbehaviour in public office involving the Commissioner of Police, Erla Harewood-Christopher.

Parliament also gave the nod to ACP Curt Simon as an acting DCP.

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Prime Minister Dr. Keith Rowley, who tabled both the motions for the appointments as a result of the notifications of the head of state, following the submissions made by the Police Service Commission (PSC), said he wanted to make it “pellucidly” clear that his administration had nothing to do with the situation confronting the police commissioner.

He read the contents of a letter sent to President Kangaloo by the PSC chairman Dr Wendell Wallace in which he wrote that Harewood-Christopher had been told to  “cease to report for duty and cease to discharge the duties of Commissioner of Police.”

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In the January 31 letter the PSC chairman said that the action against Harewood-Christopher was being taken “as a result of an ongoing investigation into misbehaviour in public office.”

The PSC said that on January 30 it received a communication from the Deputy Commissioner of Police, Intelligence and Investigation, stating that the Police Commissioner “was cautioned, informed that she was a suspect in an ongoing investigation into misbehaviour in public office and was under arrest”.

Over the last weekend, Harewood-Christopher was released from police custody after being questioned in connection with the illegal procurement of high-powered rifles.

Her lawyers have since sent a pre-action protocol letter to the PSC chairman, given a February 4 deadline or face judicial review proceedings.

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Rowley told Parliament that ‘a number of memers in the public, either of  their own volition or encouraged by conversations led by people who are either uninformed or …just involved, but involved in not knowing what they are talking about.

“This letter summarises the situation. The Police Service Commission, which is the constitutional authority for making an appointment in these posts of acting commissioner or  acting deputy commissioner, the Police Service Commission followed the pathway in coming to its decision at the Commission to  advise the President that they would like to make this appointment.

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“I think this is a good time for me as head of  the government to make it pellucidly clear that this operation has absolutely nothing to do with the government. The government is a separate operating entity in this matter to the Police Service and the Police Service Commission and the Office of President.”

Rowley told legislators from the origin where a police investigation being undertaken without the knowledge of the government that had “no role in directing the  police as to who  they should go after, who they should investigate, how the investigation should go, how they should arrest or not arrest.

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“The government has absolutely no role in that and on this particular matter as others, the government will be informed about what the police are doing when the police make it public,”  he said, noting that the police investigation “at whatever stage it is or was, the police informed the Police Service Commission of its operation.

‘The Commission takes no direction from the government, ask for no  clearance or direction and the Police Service Commission proceeded to advise the President  as to what it would like to do with respect to the offices of Commissioner and acting Commissioner in the police service”.

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Rowley said that it appears to him and the government that the PSC “has seen it fit to take  action which has resulted in a vacany arising at the level of Commissioner of Police and we are called here to fill that vacancy by identifying the person identified to act in that position”

Rowley acknowledged that he had been written to by the police as chairman of the National  Security Council (NSC), regarding the importation of two Acouraoy International AX2 Bolt Action Sniper Rifles and assortment of high-valued operating accessories including 7.62mm mono block suppressor scopes complete with scope mounts and bipods.

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He said he had the “NSC to fibd the appropriate answer…for onward to the Director of Public Prosecution.

He  said he had no worries about being called as a witness if the matter goes to court and he would be doing so  in keeping with the oath he took as prime minister to uphold the law of the country, adding “if I am summoned to court, I have no fear”.

Opposition legislator,  Dr Roodal Moonilal questioned whether or not a vacancy exists in the office of the Commissioner of Police, given that under the PSC own guidelines, she had not been dismissed.

“Is there a vacancy today to fill in the Office of the Commissioner of Police?,”  he asked adding that based on the letter sent by the PSC to the President, Prime Minister Rowley did not ask the question which the opposition has “what is the effect of this.

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“Is this a suspension pursuant to the Police Service Commission’s rules and regulations,”  he asked, adding the PSC by notice in 2023 outlined policies regarding the top posts within the police service.

He said that the police notes that in the event that the top cop is out of the country, on vacation leave, or unable by reason of illness “or any other reason to perform the function of Commissioner of Police, the Office of Commissioner of Police is or is likely to become vacant.”

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But Prime Minister Rowley reminded legislators that the guidelines by the PSC also made reference to “any other and that phrase any other is a catch all phrase.

“It is an omnibus phrase. So what it means if what is listed there doesn’t cover what is required then you are not to stop  from doing it because under any other, like in this  case, the substantive holder is not sick, is not  on vacation leave, is not out of the country, but the police have indicated to the Police Service Commission that she under investigation for serious criminal conduct”. (CMC)

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