Appeal Court to hear National Security Council's appeal of firearms audit ruling in December

AN injunction restraining the Prime Minister and the National Security Council (NSC) from laying an executive summary of a report on an audit into the police firearms registry in Parliament remains in force a little longer.

This is because the NSC’s appeal of the March ruling of Justice Devindra Rampersad will be heard in December. The appeal was expected to be heard on Wednesday, but was adjourned to December 13.

In March, Rampersad ruled that the controversial report, or any part of it, cannot be laid in Parliament but should only be provided to the present commissioner and the Police Service Commission.

However, he did rule that Dr Rowley and the members of his Cabinet, who form the NSC, had the power to appoint the committee to audit and investigate the grant of firearms by the police over the period 2016 to 2021.

Griffith had complained about the legality of the setting up of the committee by Dr Rowley and his NSC to investigate the police’s firearms department licensing regime, its operations, and the issuance of FULs.

The former top cop, who held the post from 2018-2021, said he was concerned that the contents of the report and the process used by the committee – comprising of retired police officers – were irretrievably tainted by bad faith and illegality because the Prime Minister had no power to appoint such a committee. He also cited statements Dr Rowley made after Griffith announced the launch of his political party and his decision to reapply to be top cop.

Griffith said he feared publication of the report, or any part of it, would expose him to public ridicule and if laid in Parliament, would protect Rowley and the media by qualified or absolute privilege from defamation claims for damages.

The Prime Minister and the NSC was ordered to pay 50 per cent of Griffith’s legal costs.

In a written ruling on who should pay for the partial success of the lawsuit filed by Griffith in October last year, Rampersad said while the challenge to the propriety of the audit report failed, it was not unreasonable to have brought the claim.