Carenage man gets green-light to challenge CDS

A Carenage man whose hope of becoming a Defence Force recruit was dashed after he was told he could not continue the recruitment process for enlistment because of an alleged “adverse report” against him, has received the court’s green-light to challenge the decision.

Justice Frank Seepersad has also ordered that the decision to remove Christopher Stanislaus, of L’anse Mitan, from the two intakes of selectees be stayed until April 17 when the Chief of Defence Staff (CDS) is expected to be heard on if it should continue.

As a result of the judge’s order, Stanislaus’s enlistment date will be preserved, for now, since he turns 25 in June and will not be able to enlist after that.

Stanislaus was also granted leave to make a claim for judicial review in which he is seeking several declarations as well as compensation for the loss of future earnings, amounting to $1.7 million, based on his legitimate expectation that he would have been enlisted. That sum is not inclusive of other allowances such as ration and rent allowance paid to all members of the Defence Force.

In his application against the CDS, Stanislaus said he applied to the Defence Force during its recruitment initiative in 2022 and successfully completed all assessments. On September 30, 2022, he was advised by recruiting officer, Lt Col Keston Charles that he was selected to undergo basic training.

He was also assigned to the regiment and on January 9, he was told to report to the Coast Guard training facility with his enrolment documents the next day. It was here that he said he was told by Lt (Naval) Eden Pope of an “adverse report” from the police service based on background investigations on him.

Stanlislaus said he was not shown the report and also questioned how it was possible since he presented a certificate of character from the police and his fingerprints during the recruitment process which “all came back clean.” He also said he was never arrested or charged for anything.

Stanislaus said he was then asked if he knew any gang members or related to any.

He said he was then asked to leave the room before he could respond and told by a sergeant that he should “take the opportunity to go think over what affiliations I may have that could negatively impact me.”

On the recommendation of the officers, he received an updated certificate of character, a letter from an inspector of police and his former employer attesting to his clean character.

“Both documents spoke to my good character, free from any charges and/or involvement in criminal activity as the term ‘adverse report’ would suggest. The TTPS had no adverse report against me.” He then sought legal advice and his attorneys wrote to the CDS but received no response.

“It is my contention, that I have suffered a fate that is unfair. There is nothing criminal known against me and I know this to be true.”

His application said he expensed himself to buy all the items needed for the recruitment possess and also since he turns 25 on June 26, he will no longer be able to enlist after that date since the cut-off age is 25.

Stanislaus also said because he was “wrongfully” removed from the process, he has lost out on pay and emoluments as a private and since he had a legitimate expectation that he would have at least been part of the Defence Force until the age of 45 which is the compulsory run-out date for privates.

“This means that I will be losing out on 20 years’ worth of pay and emoluments. On the salary alone this equates to $ 1,745,040.00 not inclusive of other allowances such as ration and rent allowance paid to all members of the force, “ he said.

Stanislaus is represented by attorneys Arden Williams and Mariah Ramrattan.