Top cop faces contempt application over FUL delay

Police Commissioner Erla Harewood-Christopher. - File photo by Roger Jacob
Police Commissioner Erla Harewood-Christopher. - File photo by Roger Jacob

A businessman has filed a contempt application against the Commissioner of Police for her failure to abide by a court order in June for a decision to be made on his firearm user’s licence application.

The application was filed on July 15 and will come up for hearing before Justice Ricky Rahim on July 29.

In the application, the businessman’s attorneys Richard Jaggasar and Lutchmi Sookarm said their client applied for an FUL in July 2020. When no action was taken on his application, he approached the court for judicial review. On June 10, Rahim ruled in the businessman’s favour, order the commissioner to make a decision in 14 days. He also ordered exemplary damages to be assessed by a master.

The application said Jaggasar wrote to the commissioner’s attorneys for an update on July 2, and was told arrangements were being made to comply with the court’s order.

There was an exchange of e-mails between the attorneys and the application said over a month had elapsed since the court made its final order but there “There has been a constant and consistent arrogance

on the part of the defendant to neglect her statutory duties relative to FUL permits.

“In this case, it has gone as far as to ignore a very clear and unambiguous court order. r. Such an event cannot be condoned and the only recourse to the claimant, and any other like citizen, is an application for contempt of court,’ the application said.

“Only the defendant can make the decision at the centre of this claim; the statutory responsibility is conveyed solely to that office holder.

“So, in these circumstances where she refuses to act there is almost no recourse for the public, making this a public crises.”

The application said the businessman FUL application was and continues to be out of concern and a desperate need to protect his family after being a victim of repeated robberies.

“After the application in 2020, his family continued to be the victims of robbery, most recently one which occurred mere weeks ago at the family warehouse.”

The application also said the businessman has been followed to and from the bank several times.

“The national crime rate is at an all-time high, particularly gun related violence, armed robberies, kidnapping and murders.

“The defendant has called on the nation to pray the crime away. The headlines of the newspapers in the last few days alone concern any law-abiding citizen.

“In response to the increased crime rate the defendant’s response has been to install suggestion boxes in police stations.

“This is not a realistic crime fighting or crime detection effort. The claimant’s urgent need for a permit is not just a matter of precaution but a critical measure for his and his family's safety in these perilous times; needed now more than ever.”

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