A POLICE Inspector has been granted leave in the High Court to sue the Commissioner of Police for transferring him from a police station in central division to Mayaro police station, in eastern division.
Justice James Aboud granted leave on Monday to Clement Marshall, who is contending that he be allowed to continue investigating alleged irregularities in the TTPS’ traffic and highway patrol branch. In a judicial review application challenging the transfer, Marshall said that on January 17, he received instructions from the deputy commissioner of police (administration), to take up duties in the eastern division.
In documents filed in the High Court by attorney Marcia Mohammed and instructing attorney Richard Sirjoo, Marshall said he is currently investigating alleged irregularities in the Traffic and Highway Patrol branch. He further claims he was not given the mandatory 14 days written notice of transfer. Sirjoo submitted on Marshall’s behalf that apart from lack of prior notice, exigencies of the situation in the eastern division that warranted prompt transfer, did not exist to cause the deputy commissioner to forego the 14-day notice.
The attorney is seeking a order of mandamus to compel the TTPS to allow Marshall to continue investigating the alleged irregularities. He is also seeking to have a judge declare that no reasonable person or public authority would have exercised such powers in effecting a transfer. The policeman contends that this breached the basic principles of fairness and natural justice.
In granting leave, Aboud ordered the applicant file a claim-form in the next 14 days and fixed April 1 for a case management conference.