$350K for unfairly treated police officers

Seven police officers who complained of having to wait four years to be promoted to the rank of corporal, although they were eligible, will each receive $50,000 in vindicatory damages after a High Court judge ruled on Monday that they were unfairly treated.

Justice Nadia Kangaloo granted two declarations that the rights of the seven to equality of treatment by a public authority was breached and the failure the Police Commissioner to promote them between May 2012 and December 2014 was unconstitutional.

The seven police officers are: Neil Narine, Roger Baird, Yaro Steele, Randy Banwarie, Christopher Emrith, Rawle Singh and Suzette Ramoutar.

They were represented by attorney Sunil Gopaul-Gosine. The seven who are now corporals took legal action after they were not promoted back in 2010 although they were on an order of merit list that year.

The list was amended in 2011 and they were among the 1,200 on it. They said between 2010-2012, some 800 constables went up to the higher rank but they did not. 400 remained on the list, including them, and 25 officers, challenged the commissioner's failure to promote them.

In that matter, Justice Devindra Rampersad granted a declaration that the commissioner's decision to put the 25 together with the others on a revised merit list after interviews with a different advisory board was manifestly unfair and amounted to procedural impropriety. He held that the 25 were entitled to be interviewed by the same panel as the others, amounting to 412 being put on the list.

After that decision, in May 2016, more than 800 constables were promoted, including the seven.

They filed a separate action contending they were treated unequally to the other offices on the 2011 merit list and had to wait four years before they were promoted. They said no one has had to wait that long.

They also said they were acting in the higher position but did not receive the salary of a corporal Since vacancies are filled once they arise in the police service, they said others would have also suffered by the failure to promote them.

They have also passed the promotion exam for sergeants, and if they were promoted earlier, they would have been able to go through the interview process in 2016.

Several hundred officers who were previously promoted to corporal in 2012, which was the last date of promotion for those on the 2011 merit list, have since been made sergeants.

In their claim, the seven said they were discriminated against and treated less favourably and suffered distress, loss and were left frustrated. Attorneys representing the State were Sanjeev Lalla, Roshan Ramcharitar and Laura Persad.