[UPDATED] Judge rules Cabinet's one-year extension of CoP's term lawful

A High Court judge has dismissed a lawsuit which challenged Cabinet's decision to extend the term of Police Commissioner Erla Harewood-Christopher by a year.

On January 16, Justice Ricky Rahim dismissed the case filed by political activist Ravi Balgobin Maharaj, who challenged Harewood-Christopher's extension.

In a 56-page ruling, the judge also ordered Maharaj to pay the defendants and the interested party's costs, to be assessed by a registrar.

In response, Maharaj has vowed to appeal the ruling and stood by his claims that her appointment is illegal and unconstitutional. He also called for her to resign.

"I have instructed my lawyers to appeal this judgment all the way to the Privy Council because I believe her appointment is illegal and unconstitutional," Maharaj told Newsday on Tuesday.

In the ruling, the judge recalled that Maharaj contended that the appointment process by the independent body, the Police Service Commission (PSC), and the Parliament was not in keeping with relevant provisions of the Constitution under section 123.

He claimed that the Cabinet sidestepped that process (thereby infringing the doctrine of the separation of powers) and extended the term after her date of retirement.

For those reasons, Maharaj argued that the extension order by the President, acting on the advice of the Cabinet, was invalid, illegal, unconstitutional, void and of no legal effect.

Harewood-Christopher turned 60 on May 15, 2023, and the extension was from that date to May 14 this year.

Three months earlier, on February 3, 2023, Harewood-Christopher was appointed this country's first female top cop.

On May 9, 2023, the National Security Minister announced that the Cabinet had agreed and confirmed the extension of her contract.

In June 2023, Maharaj, through his attorney, former attorney general Anand Ramlogan SC, filed the application.

In the ruling, the judge recounted evidence, including affidavits filed in support by the claimant, in opposition by the Cabinet through Stuart Young as well as from Corey Harrison, director of personnel administration for the PSC.

Young submitted that a motion for Harewood-Christopher's appointment was moved in the House of Representatives on February 3, 2023, and the motion was passed 36 for and none against – a unanimous decision.

He further submitted that the extension was not a political gift from the Government and was in the national interest.

The court accepted the argument that the PSC stands between the CoP and the Executive on the discharge of the CoP's duties during the initial extended period of a year and the possibility of further service extensions beyond the initial one-year period.

The court ruled that an act of Parliament conferred the power to extend the CoP's term in a package of legislation comprising the 2006 Constitution Amendment, including the amendment to the Police Service Act.

The court added that Parliament's decision to leave the prescription of the term of office and any extensions of the CoP's office to the Executive was a deliberate constitutional choice.

The court also found that the power to extend the CoP's service does not infringe on the constitutional function of the PSC to appoint, remove and discipline the CoP.

Additionally, the court found that the extension relates to an incumbent who was already approved by the House of Representatives and appointed by the PSC in full compliance with section 123 of the Constitution.

The judge ruled that the constitutional arrangements put in place for the insulation of the CoP from political influence or interference remain fully intact.

Newsday contacted Maharaj for comments, and he responded via WhatsApp, saying if Harewood-Christopher remains CoP, the country was doomed.

He said he had been praying for her removal. He said the country was drowning in blood and accused her of continuing to fiddle.

Maharaj also threw jabs at the National Security Minister Fitzgerald Hinds, saying neither the CoP nor the minister has a national crime plan to stem the daily flow of blood as people continue to be robbed, raped, and murdered.

The activist also labelled the minister as incompetent.

"Having reached the retirement age, the government should have simply let her go home in peace instead of appointing her to the highest office in law enforcement where she could hardly compensate for an incompetent Minister of National Security."

Maharaj called on the CoP to "do the decent and honourable thing and resign as a New Year’s gift to the nation."

He added, "I would personally join the other citizens to build a church for her so that she can pray for the help that this nation needs to rescue us from the crisis of incompetence that has engulfed us."

This story has been adjusted to include additional details. See original post below.

A High Court judge has dismissed a lawsuit which challenged Cabinet's decision to extend the term of Police Commissioner Erla Harewood-Christopher by one year.

On January 16, Justice Ricky Rahim dismissed the case filed by political activist Ravi Balgobin Maharaj who challenged Harewood-Christopher's extension.

In a 56-page ruling, the judge also ordered Maharaj to pay the defendants and the interested party costs to be assessed by a registrar.

Balgobin contended that the appointment process by the independent body, the Police Service Commission (PSC), and the Parliament was not in keeping with relevant provisions of the Constitution under section 123.

He claimed that the Cabinet sidestepped that process (thereby infringing the doctrine of the separation of powers) and extended the term after her date of retirement.

Harewood-Christopher turned 60 on May 15, 2023, and the extension was from that same date to May 14, this year.

Three months earlier, on February 3, 2023, Harewood-Christopher was appointed this country's first female top cop.

On May 9, 2023, the National Security minister announced that the Cabinet agreed and confirmed the extension of her contract.

The court ruled that an act of Parliament conferred the power to extend the CoP's term in a package of legislation comprising the 2006 Constitution Amendment, including the amendment to the Police Service Act.

The court added that Parliament's decision to leave the prescription of the term of office and any extensions of the CoP’s office to the executive was a deliberate constitutional choice.

The court also found that the power to extend the CoP’s service does not infringe on the constitutional function of the PSC to appoint, remove and discipline the CoP.

Additionally, the court found that the extension relates to an incumbent who was already approved by the House of Representatives and appointed by the PSC in full compliance with section 123 of the Constitution.

The judge ruled that the constitutional arrangements put in place for the insulation of the CoP from political influence or interference remain fully intact.