CoP in court for contempt

ACTING Police Commissioner (CoP) Stephen Williams yesterday appeared before a High Court judge for failing to obey a court order to promote a policeman to sergeant a year ago.

Williams appeared before Justice David Harris in the San Fernando High Court.

Cpl Billy Ramsundar had filed an application contending that he was treated unfairly and his rights breached by the CoP’s failure to promote him, in accordance with the court order made by Harris on July 10, 2017 ordering his promotion. In January 2017, Ramsundar was granted leave to apply for judicial review after claiming he was a victim of discrimination and treated unfairly because the commissioner refused to award him the correct number of points for his grade one in English Language.

Ramsundar said during the course of that hearing the State accepted that the police human resource department had made an administrative error and hence he was not given the correct promotion score. The error affected the scores of dozens of officers and hence a new merit list was created.

In July 2017, the State entered into a consent order agreeing to publish a revised order of merit list and adjust Ramsundar’s placement, making it higher, in accordance with his correct score. The court also granted several orders in favour of Ramsundar, including a declaration that he was treated unfairly and an order compelling the CoP to promote him with retroactive effect.

That was not done and hence Ramsundar filed an application against the commissioner for contempt. That matter was heard on June 14, 2017. The judge asked for an explanation why his order to promote Ramsundar was not obeyed and the CoP was then ordered to attend court yesterday.

Williams was accompanied by his attorney Lucien Ferguson from the police legal department.

State attorney Brenston Francois, instructed by Ryanka Ragbir, told the court the commissioner had not promoted Ramsundar because he had been suspended as a result of a criminal charge.

In 2017, Ramsundar and his father-in-law Nazim Baksh, the CEO of A&V Oil and Gas Ltd, were charged with assaulting Guardian Media Ltd senior photographer Kristian De Silva.

However, the judge said the order predated the charge against Ramsundar and his suspension, and could not be disobeyed.

Anand Ramlogan, SC, representing Ramsundar, said it was now a year since the order for promotion was made and to date nothing had been done. He said the court must protect the integrity of the administration of justice and ensure compliance. Ramsundar is innocent until proven guilty in the assult matter, he added.

He asked the court to ensure that Ramsundar was promoted with retroactive effect, as the incident that led to his suspension occurred long after the order for his promotion.

Ramlogan asked the court to give him an opportunity to speak with Williams, and after discussions, Williams agreed to promote Ramsundar within three days, that is, by July 18, to the rank of sergeant.

Ramsundar will also be paid retroactive benefits, including allowances for acting appointments at the rank of inspector, which he would have got had he been promoted on time. The commissioner was also ordered to pay Ramsundar’s legal costs.

Speaking to reporters after the case, Ramsundar said it was more than just a personal victory, as there were many police officers who were being unfairly denied promotions and suffering.

He said he hoped the judgment would be a wake-up call for the police, since: “Officers are expected to risk life, limb and property to protect and serve. When their career advancement is frustrated, it demoralises the officer and his family and leads to a loss of morale.”

As well as Ramlogan, Ramsundar was represented by Alvin Pariagsingh and Alana Rambaran.