Activist gets green light to challenge top cop's appointment

A HIGH COURT judge has given the green light to activist Ravi Balgobin-Maharaj to pursue his judicial review challenge of the appointment of Erla Harewood-Christopher as Commissioner of Police.

Justice Ricky Rahim issued the order granting Maharaj leave to pursue his action against the Cabinet and the Attorney General and also deemed it fit for an urgent and expedited hearing.

He wants the court to declare the office of the commissioner of police is vacant.

Maharaj is seeking declarations that the extension of Harewood-Christopher’s service as commissioner is illegal and unconstitutional and that Legal Notice 149 of 2023, dated May 11, 2023, is also illegal and has no legal effect.

He will be asking the court to quash Harewood-Christopher’s extension as commissioner.

The matter will come up for a case management hearing on July 18, and the judge ordered that a copy of the proceedings and the terms of his order be served on the commissioner, the Police Service Commission (PSC) and the President, in the event they wish to be joined as parties or interested parties.

On May 9, the Ministry of National Security, in a release, said Cabinet had agreed to extend the top cop’s term on May 4.

Her extension is for one year. She was legally due to retire from the police service on May 15, when she turned 60.

The release said section 75 (a) of the Police Service Act dictates that a first division officer must retire at age 60 and can, on the approval of the President, be granted three one-year extensions.

Maharaj contends this section does not apply to offices that fall under the jurisdiction of the PSC and wants the court to so declare. In the alternative, he wants a declaration that “in so far as section 75 (a) authorised the President, on the advice of the Cabinet, to extend the tenure of the commissioner is unconstitutional and illegal.”

Harewood-Christopher made history on February 3, becoming the first woman to be appointed police commissioner. She received 36 votes from members of the House of Representatives.

A week later, she was given her letter of appointment by the Police Service Commission.

On May 24, the Prime Minister defended the one-year extension. In a statement in the Lower House, Dr Rowley said Government fully supported the extension.

In his application, Maharaj said he is concerned that the appointment is invalid and makes her “beholden to the Government.”

“It is also a serious breach of the Constitution and the rule of law.”

He also said, “Mrs Harewood-Christopher’s stint as COP has been an abysmal failure. The murder rate has skyrocketed while innocent citizens continue to be robbed and murdered with impunity and the detection rate remains critically low.

“Indeed, Trinidad and Tobago has one of the lowest detection rates for serious crimes in the entire Commonwealth, as reported in Her Majesty’s Inspectorate of Constabulary and Fire and Rescue Services 2019 report, captioned Gang-related homicide and police corruption in Trinidad and Tobago: A Rapid Evidence Assessment.”

He also said it was curious that when the top cop made the “bold announcement” of a 20 per cent reduction in murders by June 2023, her tenure was expected to expire on May 15.

He questioned if she knew the government would give her an extension. He also said it was a “political gift” to her and was dangerous for TT’s political stability.

Maharaj contends that section 123 of the Constitution vests the PSC with the sole and exclusive jurisdiction to appoint persons to hold or act in the office of the Police Commissioner and sets out the procedure for the appointment.

It said section 75 of the Police Service Act had to be read with section 123 of the Constitution and if there is any inconsistency or conflict, it must yield to the superiority and supremacy of the Constitution. “Section 75 cannot, therefore, be interpreted as authorising the President (on the advice of the Cabinet) to unilaterally extend the appointment of a Commissioner of Police without regard and/or reference to the procedure prescribed in section 123 of the Constitution.”

“The Executive cannot arrogate unto itself the power to appoint Mrs Harewood-Christopher to act after she attains the age of retirement without reference to the PSC and Parliament as this would subvert the carefully calibrated procedure prescribed by section 123 which was designed to remove the power to appoint a COP from the Executive.”

Maharaj is represented by Anand Ramlogan, SC, Jayanti Lutchmedial, Kent Samlal, Robert Abdool-Mitchell, Natasha Bisram and Vishaal Siewsaran.