A High Court judge has granted Police Commissioner, Erla Harewood-Christopher, permission to challenge the Police Service Commission’s (PSC) authority to suspend her even as the court denied her request to keep the office of the Commissioner of Police vacant until there has been a substantial ruling on her challenge.
“In my view, the circumstances of this case do not favour the granting of the relief sought by the claimant… She simply seeks a limited order preventing the intended defendant from appointing any nominee approved by Parliament to act as Commissioner of Police,” Justice Christopher Sieuchand said after lawyers for the embattled top cop sought a judicial review of the PSC’s decision to have her “cease to report for duty and cease to discharge the duties of Commissioner of Police.”
“In my view, the balance of convenience does not favour the granting of this order and militates against it. Granting this relief would create a vacancy in the constitutional office charged with the overall management and responsibility of the Trinidad and Tobago Police Service,” the judge said after hearing arguments for nearly four hours on Wednesday.
He said allowing such a void to persist cannot, in his view, be justified where the present circumstances are such that the country is plagued with high levels of reported serious crime and it continues to be under a state of emergency (SoE).
The police commissioner is challenging the PSC’s authority to suspend her as the investigations continue into the allegation of misbehaviour in public office involving her.
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 had sent a pre-action protocol letter to the PSC chairman, Dr Wendell Wallace giving a February 4 deadline or face judicial review proceedings.
In her application for judicial review, the lawyers for Harewood-Christopher sought an injunction to keep the office of commissioner vacant until the court ruled on her challenge.
“Protect my right to my office which I have lost because of (the PSC’s) irregularities…Justice should not turn its face against me,” said Senior Counsel Pamela Elder.
Elder told the High Court that that the PSC acted without sufficient material evidence and relied solely on the Deputy Commissioner of Police’s (DCP) assertion that Harewood-Christopher had been arrested. She questioned the legal basis for the suspension.
“We want to know what operated in your mind to justify the suspension…You cannot suspend on another person’s suspicion,” Elder said, adding there would be no disruption in the police service if the interim relief were granted.
“The PSC constitutionally has the power to exercise disciplinary control over the CoP and DCPs. If you have not instituted disciplinary action, what is your authority to issue a preventative suspension?”
Elder said the PSC could only exercise disciplinary control over the commissioner and that the decision to suspend the commissioner was on “dirty, shaky ground.”
The Senior Counsel said that Harewood-Christopher had an arguable case for permission to advance her claim against the PSC accusing the independent body of acting with “shocking speed” to suspend her client.
“What was the urgency to suspend? In what way have I misbehaved in public office?” Elder said, reminding the High Court that Harewood-Christopher only had three months left of her service. Her tenure comes to an end on May 15, after two previous extensions.
“I am not asking to go back. But hold my office intact for me.”
But in granting leave to challenge the PSC’s decision, Justice Sieuchand ruled that Harewood-Christopher’s argument that the PSC did not have before it sufficient material upon which it ought to have made the decision, should be ventilated at trial.
“As for the defendant’s assertions that it disclosed to the claimant sufficient particulars of the basis for its decision, that is to say, the information received from agents of the police service upon which it relied, that in my view remains a mixed question of fact and law to be determined at trial.
“As for the defendant’s assertion that it acted reasonably in making the challenged decision without first hearing from the claimant prior to making the suspension order, that too remains a mixed question of fact and law to be determined at the trial of this action.
“In those circumstances, I am prepared to grant leave for the claimant to apply for judicial review of the challenged decision,” Justice Sieuchand said.
Senior Council, Deborah Peake, representing the PSC, rejected Elder’s argument, maintaining that the Commission had the constitutional power to suspend the commissioner when there was sufficient suspicion of misconduct.
“The PSC does not need to prove guilt, but it must be satisfied that an offence may have been committed,” Peake said, noting that Harewood-Christopher had been cautioned and put under arrest, and the Director of Public Prosecutions (DPP) had been consulted throughout.
Peake dismissed claims that the suspension was politically motivated or procedurally flawed, arguing that it was necessary to protect the integrity of the police and public trust.
She said that the Police Commissioner had been aware since November 2024 that the Strategic Services Agency’s (SSA) procurement of sniper rifles was under scrutiny, but had not taken steps to clear her name.
The lawyer said that allowing Harewood-Christopher to remain in office would be problematic, given the gravity of the allegations and the need to maintain confidence in law enforcement.
“These are serious allegations. The Commissioner was the only person legally authorised to approve the importation of firearms. The PSC had to act swiftly to protect the integrity of the office,” Peake said, adding that under the current state of emergency, the Commissioner had wide powers and responsibilities.
“Under the emergency powers regulations 2024, the only person who can exercise certain powers is the Commissioner. We will be in a situation where there is no CoP to exercise those powers.
“That is to bring anarchy in Trinidad and Tobago,” Peake argued, urging the judge to decide on the public’s interest.
“We must ensure the office (of commissioner) is not vacant during an SoE.”
The matter will come up for case management on March 6
On Wednesday, Parliament approved the notification of President Christine Kangaloo regarding the appointment of Deputy Commissioner of Police (DCP), Junior Benjamin, to act as Commissioner of Police. It also gave the nod to ACP Curt Simon as an acting DCP. (CMC)
