[UPDATED] CoP probes possible FUL fraud as pharmacist challenges delay

Commissioner of Police Erla Harewood-Christopher has made a startling claim that the signature on provisional a gun licence "may be fraudulent" in response to a lawsuit which challenges her delay in granting a gun licence to a San Fernando pharmacist.

The pharmacist has received the court’s permission to challenge the delay by the police commissioner to decide on his provisional firearms user’s licence (FUL) which the police alleged appeared to be bogus.

On February 21, Justice Betsy Ann Lambert-Peterson granted leave to the businessman to pursue his judicial review claim.

The matter will come up for hearing on April 19.

In his application, the businessman said he applied for a provisional licence and FUL in 2021. He submitted the relevant documents to the police station in his district after the relevant investigations were completed as part of the application process. A recommendation for him to receive a FUL was made by the police investigator and he received his provisional licence.

However, when he tried to get information on the FUL, he was told the provisional licence “may be fraudulent” as the signature of a former commissioner appeared to have been forged and approval appeared to have been given at a time when the commissioner was no longer holding office.

The businessman was told an investigation would have to be done on his file.

Former police commissioner Gary Griffith held the office between August 2018 and August 2021. DCP McDonald Jacob was then appointed acting police commissioner and held office until January 2023.

In his application for review, the businesman contended, “The Commissioner of Police has adopted the position that the provisional licence issued was fraudulent and therefore no valid provisional licence has been issued to me to date.”

This was in June 2023, and the businessman said he had not received an update since despite his attorneys sending letters to the commissioner for a decision on his licence.

“There has been no finding by the TTPS that the provisional license was issued fraudulently. The statements are merely speculative,” he contends.

“The Commissioner of Police has been provided sufficient time to complete any further investigation on the firearm file and the provisional licence ought to be issued forthwith.

“I contend that the delay of three years by the Commissioner of Police to render a decision is unreasonable in the circumstances of this case.

“I was investigated and the necessary reports were generated. There is no further action for the TTPS to complete before the issuance of the provisional licence.

“I applied for a provisional licence and I am entitled to a decision on my application,” his application said.

He said he applied for his FUL after he was held at gunpoint at his pharmacy.

He is represented by attorneys Keron Ramkhalwhan, Shalini Sankar and Annesia Gunness.

Legal battle over FULs

In the recent past, the commissioner has faced a barrage of lawsuits over the delay in making a decision on FUL applications.

On January 19, the commissioner was ordered by the High Court to decide whether 33 firearm user’s licences would be granted.

The High Court ruled that the CoP breached her statutory duty under Section 17 of the Firearms Act to grant or deny permits to applicants who received provisional licences and certificates of competency.

The applicants had all been waiting between 22 to 35 months for the CoP’s decision. Harewood-Cristopher’s legal team argued that covid19, an internal audit into the Firearm Unit and having to process 50,000 FUL applications were responsible for the delay. The argument was rejected by the court.

In October 2023, another judge found the commissioner guilty of unreasonable delay in making a decision on issuing a FUL to an attorney who applied for it in 2021.

In February, Harewood-Christopher told a joint select committee of Parliament that FULs continue to be approved on legitimate requests. She said there were currently 25,000 FUL applications awaiting review and some were pending before she assumed office.

At a police media briefing last year, the police maintained there was no delay with regard to the processing of FUL applications.

At the time, ACP North West Winston Maharaj said the process was ongoing and that the proper checks and procedures had to be undertaken.

He said, “There is no hold, as it relates to the granting of Firearm Users Licenses. The process is a rigid one, it takes a lot of time and you will appreciate that granting a license for a citizen to hold a firearm is in fact a serious responsibility and the considerations for such granting by way of an investigation will take time to complete. But...there is no hold, it continues."

At a public meeting last year, the Prime Minister spoke of an increase in the number of licensed firearms under Griffith's tenure.

"We had difficulty issuing (FULs)...at one point we had to shut it down...and take stock. “

In 2022, the Government announced a six-member team to audit of the firearms, ammunition and other aspects of the FUL issued from 2016-2021.

The audit followed an investigation by retired Justice Stanley John into the same matter after he was commissioned by the Police Service Commission (PSC).

The committee’s mandate was to look at the procedures for granting FULs, shooting ranges, variations to licences, identifying those in possession of firearms and other related matters.

The report was challenged and the High Court ruled it could not be published in Parliament but could be used by the current top cop and the PSC for their inquiries.

That legal challenge is currently before the Appeal Court.

This story was originally published with the title "Pharmacist sues over delay to get gun licence" and has been adjusted to include additional details. See original post below. 

A San Fernando pharmacist has received the court’s permission to challenge the delay by the police commissioner to decide on his provisional firearms user’s licence (FUL) which the police alleged appeared to be bogus.

On February 21, Justice Betsy Ann Lambert-Peterson granted leave to the businessman to pursue his judicial review claim.

The matter will come up for hearing on April 19.

In his application, the businessman said he applied for a provisional licence and FUL in 2021. He submitted the relevant documents to the police station in his district after the relevant investigations were completed as part of the application process. A recommendation for him to receive a FUL was made by the police investigator and he received his provisional licence.

However, when he tried to get the FUL, he was told the provisional licence “may be fraudulent” as the signature of the former commissioner appeared to have been forged and approval appeared to have been given at a time when the commissioner was no longer holding office.

He was told an investigation would have to be done on his file.

“The Commissioner of Police has adopted the position that the provisional licence issued was fraudulent and therefore no valid provisional licence has been issued to me to date,” his application contended.

This was in June 2023, and the businessman said he had not received an update since despite his attorneys sending letters to the commissioner for a decision on his licence.

“There has been no finding by the TTPS that the provisional license was issued fraudulently. The statements are merely speculative,” he contends.

“The Commissioner of Police has been provided sufficient time to complete any further investigation on the firearm file and the provisional licence ought to be issued forthwith.

“I contend that the delay of three years by the Commissioner of Police to render a decision is unreasonable in the circumstances of this case.

“I was investigated and the necessary reports were generated. There is no further action for the TTPS to complete before the issuance of the provisional licence.

“I applied for a provisional licence and I am entitled to a decision on my application,” his application said.

He is represented by attorneys Keron Ramkhalwhan, Shalini Sankar and Annesia Gunness.