Court allows cop to seek reasons for transfer

A police officer who was transferred from the Professional Standards Bureau (PSB) to another unit wants Commissioner of Police Erla Harewood-Christopher to say why it was done.

On March 12, he was allowed to pursue his request for the commissioner’s reasons.

Justice Avason Quinlan-Williams granted the constable leave to pursue his lawsuit after the commissioner refused to provide the information he requested under the Freedom of Information Act.

He wanted to know why a warning notice was issued, why he was relieved of his police-issued firearm and why he was transferred out of the PSB to the Gender-based violence unit.

He also asked for a copy of his personnel file and other documentation relating to his one-year stint with the PSB.

The requests were made in August 2023 by his attorneys Michael Rooplal, Kristy Mohan and Gisanne Ramjit.

His leave application said he was not given any reason for his transfer or the warning notice he received in June 2023.

In February, he was told by a legal officer for the police service they needed 30 more days to provide the information he wanted. His attorneys agreed to the additional time, but on March 7, when the time expired, they got nothing.

Now, the officer is seeking declarations that the failure of the commissioner to decide on his request for reasons is procedurally improper and in breach of her duty.

He also wants an order directing the commissioner to make a decision and disclose the information.

In June 2023, the officer received a warning notice of alleged shortcomings in his performance at the PSB. He was told any further breaches would result in disciplinary action.

He was also told that his performance would be reviewed on August 31, 2023, but his lawsuit said he was not allowed to make representations on any of the alleged shortcomings or given specific details of the allegations against him.

After receiving the warning notice, the officer was relieved of his police-issued firearm and a file on an investigation he was previously assigned.

He was then instructed to review a message for him in the PSB telephone message book.

“Upon review of the message, the applicant discovered that he had been transferred out of the PSB unit to the gender-based violence unit of the Special Victims department but was not told why.