Cop sues State over lack of bullet-proof gear

A police officer who was shot in the leg in a shootout between the police’s gang unit and two suspects in 2020 has sued the State for failing to provide him with personal protective equipment (PPE).

Pc Andile Ansar Mohammed was one of two police officers shot at John Street, Chaguanas, on October 7, 2020, when two suspects – a prison officer and a Venezuelan man – shot at officers of the Central Division Gang and Intelligence Unit during a search of a two-storey building.

The officers returned fire, fatally killing the two suspects, but Mohammed and another officer were shot. Mohammed was not a member of the police’s gang unit but a member of the robbery squad. He was also not scheduled to work, but had been asked to accompany his colleagues to execute the search warrant because he spoke Spanish.

On October 4, Mohammed’s attorneys Saira Lakhan and Kristian Dass, of the law firm Magnus Chambers, filed the employer's liability and negligence claim against the Attorney General. He is suing for compensation for loss of earnings, promotion, future earnings and medical care.

His lawsuit alleges the State failed to provide a sufficiently safe working environment for police officers during their duties, particularly those involving high-risk situations, or sufficient PPE.

Although on the day of the raid, Mohammed had a bullet-proof vest – which he has outgrown – there were no ballistic shin pads, knee pads, elbow pads, multi-protection ballistic body shields, ballistic helmets or other ballistic protection gear available for him or any of the other officers in the gang unit.

“Additional safety equipment could have foreseeably prevented the claimant's injuries or reduced the impact of the gunshot wound he sustained,” the lawsuit contends.

It also alleges the State failed to adhere to industry standards in protective gear for officers in potentially dangerous situations, constituting a breach of their duty.

The lawsuit also contends that the State failed to assign a specialised unit for the raid such as the task force or Guard and Emergency Branch which are specially equipped with PPE, unlike the CGIU, which is an intelligence unit. It also identified several breaches of the Occupational Safety and Health Act.

The lawsuit said the day before the raid, Mohammed went to the police service’s official storage facility for PPE but could not get critical items. His lawsuit said there is a slang expression for when there is a shortage or lack of PPE  – comply and complain,  meaning they abide by the orders of their superiors and then complain afterwards.

In the past, he had had to buy some PPE gear online for work.

Mohammed’s lawsuit also says he continues to feel pain in his right calf. His family and social life were also affected, since he was on crutches for over a year. and his mental health has deteriorated.

Mohammed’s injury has not yet been assessed by the Medical Board to resume duties and his commuted allowance – given to detectives instead of an overtime allowance – was stopped without notice, causing a reduction in his salary since 2022. The latter was resolved with the intervention of the Police Social and Welfare Association, but he has not been compensated.

"The claimant’s employment remains in a state of uncertainty in the future."

The lawsuit said if Mohammed is found unfit to work, his pension, gratuity and benefits would decrease at retirement and he will not have a source of income. If he can return to duty, he will not be able to continue training and work in the field. His lawsuit also said he was not interviewed for promotion in 2023, although he passed the examination for corporals.

"The claimant remains on injury leave to date. The claimant is, however, prepared to enter into settlement discussions with the defendant to attempt to amicably resolve this matter," the lawsuit said.