Ex-SORT boss challenges police firearms audit committee

SUSPENDED head of the now disbanded Special Operations Response Team (SORT), Insp Mark Hernandez and his wife, principals of a firearms dealership, have mounted a lawsuit which challenges the legality of a committee appointed to audit the police firearms registry.

They are also challenging the involvement of a senior police officer whose name was mentioned by the audit committee, which comprises retired officers Raymond Craig, Wellington Virgil, Leonard Charles and Brian Pierre.

In correspondence to Hernandez, the four officers informed Hernandez they were engaged by National Security Minister Fitzgerald Hinds to audit the police’s firearms registry. They asked for a statement for the committee’s report in response to investigations concerning his dealership, MH Tactical Response Group, based in Piarco.

The letter said the report would be submitted to the Prime Minister as chairman of the National Security Council. Hernandez was given March 7 to respond.

The audit team specifically referred to information gathered by Sr Supt Wayne Mystar and his team on 22 firearm ranges.

In a pre-action protocol letter on February 23, Hernandez’s attorneys challenged the legality of the appointment of the committee, saying it was a breach of the separation of powers and violated the independence of the police service.

“The minister has no jurisdiction or power in law to select a committee to conduct an audit of the firearms registry of the TTPS.”

It said the Firearms Act only gave the commissioner the responsibility of maintaining and managing the firearms register, so the audit committee was not a statutory one, but was simply “ an extension of the minister’s political tentacle.

“Even if the committee can audit the records of the TTPS by order of the executive, it cannot compel private citizens to assist in their audit investigation.

“The audit can only be used to interrogate the internal mechanisms and accuracy of the TTPS and its records.

“The appointment of this audit committee is therefore illegal and ultra vires the power of the Minister of National Security.

“It is clear that the minister has superimposed this audit committee onto the management and operations of the TTPS without any lawful justification and authority,” attorney Jared Jagroo wrote.

He said the fact that the audit team “gave” the Hernandezes “an opportunity to be heard” suggested there might be adverse comments or findings that could have legal implications for them.

However, Jagroo said it was difficult to comprehend what was being asked of the Hernandezes and the legal justification for it, since there were no discernible findings, allegations or adverse comments in what was sent to them.

“Pardon the analogy, but it seems as if our clients are being asked to shoot in the dark. No specific allegations are made against our clients and they are under no legal duty or obligation to assist your committee with the work that it has been appointed to do.

“To this end, your letter is incomprehensible and woefully deficient and inadequate and lacking in particulars.”

Jagroo also raised the issue of bias, saying it was public record that Mystar was the president of the Trinidad Rifle Association, which ran a shooting range similar to the Hernandezes’ own range in Chaguaramas.

“The TRA operates a shooting range, similar to the operations of our clients and is a direct competitor in the industry. He is also an approved instructor and conducts training through his company Firearms Survival Tactics and Training (FASTT).

“This raises the obvious question of whether Mr Mystar disclosed his potential and/or actual conflict of interest which would have disqualified him from participating in (far less leading) an investigation into his competitor’s businesses.

“It would be interesting to see what kind of investigation he conducted into the business with which he is affiliated as opposed to the ones that are in competition with same.”

Mystar could not be reached on Tuesday. Calls to his two mobile numbers were not answered and he did not respond to questions sent to him via WhatsApp.

In his letter to the Ministry of National Security, Jagroo asked for information under the Freedom of Information Act on the appointment of the audit committee and Mystar’s relationship with it and whether he disclosed any conflict of interest regarding his involvement in any private entity in the firearms and shooting-range industry.

The attorney also threatened legal action and gave the ministry 30 days to respond.

Jagroo is a member of Freedom Law chambers, led by former attorney general Anand Ramlogan, SC.

On Friday, Justice Devindra Rampersad is expected to rule on a similar challenge to the appointment of the audit committee brought by former commissioner Gary Griffith.

He has also asked for the committee’s report not to be made public.

Hernandez was suspended from police service after he was charged with misbehaviour in public office in April 2021. The elite unit he led, SORT, was disbanded in February 2022 by former commissioner Mc Donald Jacob. It was replaced with the National Operational Task Force.