Senior lawyers: Griffith can act on Hackshaw

THERE IS no legal obstacle in the way of Commissioner of Police (CoP) Gary Griffith to initiate disciplinary proceedings against a senior member of the police executive who is accused of moonlighting as a security consultant without approval, according to senior constitutional lawyers.

Sunday Newsday reached out to several lawyers on the issue, after the CoP said he could not act on the recommendations of the Police Complaints Authority (PCA) to set up a tribunal to investigate the complaint against ACP Irwin Hackshaw. Griffith said to do so would open him up to a claim of bias as he would be acting as "judge, jury and executioner."

The CoP said on Friday he would not have been in that situation if the Police Service Commission (PSC) had completed the process to appoint two substantive deputy commissioners of police (DCP). Under the police service regulations only an officer senior in rank can be appointed by Griffith to investigate Hackshw.

As it stands, Griffith is the only officer senior in rank to the accused officer as the substantive ranks of the two officers acting as deputy commissioners are junior to Hackshaw and using the "doctrine of necessity" he will have to investigate the matter and appoint either a judge or magistrate to determine the disciplinary matter.

Griffith is on sick leave and warded at the St Clair Medical Centre since Thursday suffering from an infected gallbladder. Doctors have not yet determined if he needs to have surgery. The two acting deputy commissioners of police, Jayson Forde and McDonald Jacob, are both junior in rank to Hackshaw.

Forde has been appointed by the commission to act as CoP in Griffith's absence.

PSC chairman Bliss Seepersad, in response to questions about the delay in the appointment of DCPs from Sunday Newsday in July, said: "The commission has taken such steps as required to fill the vacancies and in doing so, is following the prescribed legal and constitutional requirements." That means the protracted process of selecting candidates had to be shortlisted by a recruitment firm before the names of the nominees are submitted for approval before the House of Representatives.

Seepersad said then that it was inappropriate to comment on any allegations against Hackshaw, including the decision by him, as he acted as CoP, to formally inform deputy political leader of the UNC Dr Roodal Moonilal that he was not under investigation for being associated with criminal gangs.

In March, the PCA launched two separate investigations against Hackshaw, who was then acting as a DCP and was even appointed to act as the CoP in Griffith's absence. One investigation focussed on Hackshaw operating as a security consultant since 2014 for a number of businesses without the approval of then CoPs Stephen Williams and Harold Phillips.

When Griffith was appointed in August 2018, he granted Hackshaw permission to engage in private security consultancy. Therefore, the allegations do not involve the CoP and clear the way for him to act, according to another attorney.

The PCA has reportedly unearthed evidence which suggested that the business organisations paid Hackshaw substantial sums of money for his security consultancy work which was deposited in his private bank accounts.

The other criminal investigation, which is nearing completion, dealt with allegations that Hackshaw received over $2 million from some of the same business owners as donations to help offset the cost of police social events, such as Police Can Cook, and those funds were reportedly deposited in over 15 personal bank accounts.

Hackshaw refused to co-operate with the PCA investigation and refused comment when he was contacted by Sunday Newsday on Friday.

In contrast, a police investigation, led by the ACP William Nurse, found no evidence of wrongdoing and the police association head Insp Gideon Dickson said then that the PCA was on a witchhunt against Hackshaw.

Director of Public Prosecutions Roger Gaspard had requested Nurse's file in the Hackshaw matter from the CoP but Griffith said he would only send it after the PCA completes its investigation.

In a statement on Friday, Griffith stated the PCA had also concluded that there was no evidence to support the criminal allegations of misconduct against Hackshaw and hinted that the PCA's public statement was intended to pressure him to act.

In response, PCA director David West stated on Saturday that the release issued on the Hackshaw matter was in the public's interest.

He also corrected Griffith's statement that the criminal investigation against Hackshaw was completed saying that the investigation was nearing completion and the PCA has met with the Office of the Director of Public Prosecutions on the matter.

"The PCA is of the view that transparent publication of the recommendations arising out of our investigations, provide public accountability and enhances trust in the justice system, even more so where the case involves a senior rank."

"The PCA is independent of the police and we investigate criminal offences involving police officers, police corruption and serious police misconduct and for other related matters," the statement said.

Shortly after 9 pm on Saturday, the CoP issued a stinging public rebuke of the PCA director accusing him of trying to bully him into acting swiftly in the disciplinary matter against Hackshaw and criticised West for making sensitive information relating to the status of the criminal investigation public.

"It seems the PCA has granted unto itself powers it simply does not have. Internal disciplinary matters are not the remit of the PCA. Is it that public interest is defined by any accusation made by the media?" Griffith asked.

The CoP referred to a previous comment made by West who had described the police service as the biggest gang in TT to support his view of possible bias of the PCA and its director.

"I have no intention of debating proper procedure with Mr West. All I shall say is that no one can force me or the TTPS to act in a manner contrary to law and due process...I will act responsibly and in accordance with the law," Griffith stated.