Promotion for 169 ASPs still in limbo

A final judgment is not likely in December in the lawsuit brought by Insp Mark Hernandez, former head of the Special Operations Response Team (SORT), challenging the promotion process for assistant superintendents in the police service.

This means the promotion for that rank cannot take place until the court gives its final decision. There is currently an injunction stopping the commissioner from continuing the process for some 169 inspectors for the rank of ASP.

At a virtual hearing on November 12, Justice Frank Seepersad expressed doubt about reaching a conclusion by year-end, given the myriad of applications involved.

However, Seepersad made it clear all parties would need to align with strict timelines set by the court to prevent unnecessary delays.

“I control the reins and all parties would have to abide by my timelines.”

November 12’s hearing, initially intended for setting timelines for filing submissions for trial, introduced an application by the TT Police Service Social Welfare Association (TTPSSWA), represented by attorney Kingsley Walesby.

The TTPSWA seeks leave to join the case as an amicus curiae (friend of the court).

However, Hernandez’s attorney, Gerald Ramdeen, opposed this request, expressing concerns if the association was granted standing.

“I am opposing it.”

Senior Counsel Rishi Dass, representing the Commissioner of Police’s Office, indicated a conditional acceptance of the association’s participation, as a representative body, emphasising that the association's involvement should not impede case progression.

Meanwhile, attorney Aryanta Williams from the Attorney General’s team said they had to review the application before taking a formal position but acknowledged the association’s potential interest in the matter.

Justice Seepersad acknowledged the association’s interest, noting the significance of the promotion process for all officers. “This case impacts not only the claimant but all police officers subjected to the assessment process,” he said, underscoring the court’s duty to ensure a comprehensive examination of the promotion framework.

“I cannot see what prejudice could be occasioned if it was to be allowed.”

He directed Walesby to file the formal application by November 15, with responses by the others by November 22, including objections by Ramdeen.

On December 11, the judge will hear all outstanding applications, including the decision on TTPSSWA’s role and the potential need for cross-examination.

Ramdeen filed a separate application seeking permission for cross-examination of certain witnesses. He cited specific concerns over Odyssey Consult Inc, the consultancy firm responsible for facilitating the assessment. Odyssey’s involvement, following a previous admission that the firm allowed all candidates to advance despite specific regulatory requirements on the advice of a deputy commissioner, has been a focal point of Hernandez’s complaint.

The firm has since filed an 84-page affidavit by its CEO Anthony Watkins after it was joined by the court in the lawsuit on October 30.

Ramdeen said he is seeking to have several portions of the affidavit struck out. Seepersad will rule on this in December.

Hernandez’s lawsuit disputes the procedural integrity of the TTPS’s promotion assessment. It also questions the process’s fairness, transparency and adherence to police service regulations.

His attorneys, Ramdeen, along with Jagdeo Singh, Dayadai Harripaul and Nerissa Bala, contend that the process failed to follow proper guidelines and deprived qualified officers of fair advancement opportunities. A similar complaint has been made by his colleague Insp Veneta Weaver-Ali, of the police’s White Collar Crime Unit, and was also heard on Wednesday. She is represented by Jagdeo Singh, Karina Singh, Keston Lewis, Savitri Samaroo and Vashisht Seepersad.

Odyssey finalised a contract for consultancy services for the promotional exercise for first division officers – 30 senior superintendents for ACP; 36 superintendents; 41 ASPs; and 169 inspectors – in August.

Watkins said Odyssey did not consent to being made a party to the lawsuit but provided a reply to the allegations against it on the advice of attorneys. The affidavits he addressed included Hernandez’s and DCP Natasha George who previously admitted to wrongly advising Odyssey to eliminate the pass mark requirement and to permit all participants to advance from stage one to stage two of the assessment process.

He also spoke on the merit-based system. Watkins said he is of the “honest belief that the assessment process administered by Odyssey was conducted in a transparent, impartial and diligent manner adhering closely to the police service regulations 2007 and reflecting the procedural advice received.”

ASP Gideon Dickson, the TTPSSWA president, said the body was seeking to protect its members’ rights and interests. He said the association took an active interest in monitoring the proceedings as it was inundated by members who were allegedly opposed to the lawsuit.

He also said statements about him and the concerns he raised at the assessment exercise have elicited comments which are concerning to him and his executive. He sought to absolve himself and the association from any claim made about it.

His affidavit said George’s affidavit appeared to “directly or by implication” attribute the advice she gave to Odyssey to comments he made during a meeting with candidates. He also said it appeared, the interests of the defendants and the consultancy firm may not be in alignment with the interests of the association’s members.

Dickson said the association has been asked to intervene and members desire to have the promotion exercise completed before some of them reach the compulsory retirement age of 55 in the coming months. He said the association is not seeking to derail the case. However, it wanted to participate since the matter directly touches the interests of its members.