Police Commissioner faces another promotion lawsuit

POLICE Commissioner Erla Harewood-Christopher is facing another promotion lawsuit.

A police prosecutor has sued over the continued failure to promote him retroactively in keeping with a High Court order in 2021.

Cleyon Seedan says he is entitled to retroactive promotion from April 23, 2010, to the rank of corporal; to the rank of sergeant from April 22, 2016; and to the rank of inspector from December 16, 2020.

Justice Marissa Robertson granted him leave to pursue his claim against the commissioner and the Attorney General. His fixed-date claim was filed on January 23 and the matter has been scheduled for a virtual hearing on February 6.

Seedan is represented by Michael Rooplal, Kristy Mohan, Vishan Girwar and Vishan Gopaul-Gosine.

In his lawsuit, Seedan is asking for four declarations that the failure to promote him was irrational and unlawful.

He is also asking for an order to compel the commission to rectify his promotion and pay all salaries, benefits and emoluments accrued and owing in the ranks from the dates of appointment. Seedan’s claim includes a constitutional argument for the breach of his rights.

He has been a police prosecutor since 2012, and has been admitted to practise law in Trinidad and Tobago. He has a law degree (LLB) and a postgraduate diploma in legal practice. Since 2009, when he received his LLB, he was entitled to an exemption from sitting exams for promotion in the second division, and an award of 35 points. (The second division comprises officers from the rank of constable to inspector.)

His claim says he has not been given the exemption or the 35 points, which Justice Joan Charles declared in July 2022 was unfair and unlawful.

She ordered the commissioner to award him the points and consider him for promotion to any rank or ranks to which he was entitled.

However, his newest claim says the commissioner has not complied with the court’s orders.

It said in November 2022, he was told then acting commissioner McDonald Jacob had given instructions to promote him to inspector by the end of that month. He waited until the first week of December, but was not promoted. He also spoke with Harewood-Christopher, who was deputy commissioner when Jacob’s instruction was given, and she allegedly claimed she had not received such instructions.

In February 2023, he said Harewood-Christopher contacted him and said he would be retroactively promoted to corporal. Seedan asked about the ranks of sergeant and inspector, but the commissioner allegedly told him she would have to speak with “legal.”

Seedan was interviewed by the Promotion Advisory Board in April 2023 for the rank of corporal and when he made similar inquiries about the other ranks, he was again told “legal” was dealing with that issue.

With effect from September 28, 2023, Seedan was promoted to corporal.

“As a result of the actions of the first defendant, I have suffered distress, inconvenience, loss of opportunity and damage.,,

“I am entitled to damages amounting to the loss of salary, emoluments and pensionable benefits in all three of the ranks from the respective effective dates of promotion.

“I have been greatly distressed by the impugned decisions of the first defendant, and (their) effects as set out above.

“Not only have I have been deprived of additional income to meet my personal and family obligations, but I am of the view that I have been denied the fruits of my unblemished and outstanding service and dedication to the TTPS over the last 30 years.

“I have had to face ridicule and embarrassment caused by my belated promotion to the rank of corporal, which is behind my peers in my batch. I have also faced humiliation over my stymied promotion beyond the rank of constable (and only recently corporal), notwithstanding my years of service in the TTPS.”

He said he feels disappointed and frustrated.