[UPDATED] Ex-police commissioner slammed over SRP’s suspension

THE Special Reserve woman police constable who was suspended in 2017 after an image of someone purported to be her, in her uniform, in a suggestive pose, surfaced on social media, has won her case against the Commissioner of Police.
A high court judge yesterday awarded Sophia Duncan $30,000 in compensation and gave the commissioner until April 30 to provide her with an update on the police’s investigation against her.

The Transit Police Unit officer sued the commissioner after she was suspended when photographs of her, dressed in full uniform, began circulating on social media.
Justice Devindra Rampersad, in ruling yesterday, described the actions of the commissioner in suspending her as “oppressive.”

He also held that the decision to suspend Duncan was in breach of the principles of natural justice as the commissioner did not give her an opportunity to defend herself.
Duncan was represented by attorneys Christophe Rodriguez and Elena Da Silva.
In her judicial review claim, Duncan sought a declaration that the decision of the commissioner on August 7, 2017, was in breach of the principles of natural justice since she was not given an opportunity to be heard before she was suspended and she was not provided with the particulars of the alleged offence she committed which led to her suspension.
She also complained that she was not told how long she would be on suspension or anything about the investigation.

Duncan also sought a declaration that her continued suspension, without a hearing, deprived her of a right to a fair, expeditious and unbiased investigation, was punitive.
The judge made all the orders she asked for, but could not order her re-instatement. She said before the suspension, she has not had any disciplinary matter or complaint against her since she was appointed an SRP in November 2015.

Her lawsuit said, on the morning of August 7, 2017, she became aware that a photograph, depicting someone resembling her, with one leg raised, lying on a dark green couch in police uniform, in what appeared to be an office, was circulating on social media. The lawsuit said, shortly after, the photograph went viral and there was widespread dissemination of it on several social media platforms.

She also said the same photograph was published on the front page of the Trinidad Express the next morning and while she was receiving counselling while on official sick leave, she received a notice telling her she was to stop her full-time duties.
The notice, which told her that an investigation was to be conducted into circumstances attributed to her which was likely to bring the police service into disrepute, was signed by former commissioner Stephen Williams. She was told she was to return her uniform and her police identification card.

Her lawsuit also said her attorneys wrote to the commissioner seeking information and updates on the investigation but they received no response.
Duncan also said when she received the notice of suspension, she was six weeks pregnant, and the stress brought on by having a picture depicting her on the front page of a national newspaper and the suspension, led to her becoming “very unwell” and put her “pregnancy at risk.”
In asking that she be given an extension of time to file her claim against the commissioner, Duncan said she could not proceed with the case during her pregnancy since the stressed caused by the publication of the photograph depicting her and her suspension led to her being hospitalised on several occasions.

She gave birth on March 3, last year, but was immediately referred by a doctor to seek treatment for post-partum depression.
Duncan said she had and continued to suffer tremendous hardship from the decision by the commissioner to suspend her without giving her an opportunity to clear her name. Director of Legal for the police service, Christian Chandler, said the commissioner would be appealing the judge’s ruling.

This story was originally published with the title "Judge rules for suspended cop" and has been adjusted to include additional details. See original post below.

THE Special Reserve woman police constable who was suspended after an image of her, in her uniform, in a suggestive pose surfaced on social media, has won her case against the Commissioner of Police.

The Transit Police Unit officer sued the commissioner after she was suspended when photographs of her, dressed in full uniform, began circulating on social media in 2017.

Justice Devindra Rampersad, in an oral ruling yesterday, described the actions of the commissioner in suspending her as “oppressive.”

She was awarded $30,000 in compensation.