Policeman seeks judicial review over transfer, disciplinary allegations

A policeman has filed an application for judicial review challenging two decisions by Commissioner of Police (CoP) Erla Harewood-Christopher.

The constable is seeking to overturn his transfer from the Police Service's Professional Standards Bureau (PSB) to the Gender-Based Violence Unit (GBVU) of the Special Victims Department (SVD) in June 2023.

In an application filed at the San Fernando High Court on November 15, he argued that the transfer was unlawful, unfair and an abuse of power, claiming it was based on improper motives.

He is also seeking to overturn four pending disciplinary complaints filed against him by the CoP, which were submitted more than a year after the alleged incidents.

He argues that these complaints were made after an unreasonable and unlawful delay, violating his right to procedural fairness.

Through his attorneys, the applicant asked the High Court to quash both the transfer decision and the disciplinary allegations.

He contends that these actions breached the principles of natural justice and were based on irrelevant considerations.

The policeman is also seeking damages, costs, and other relief as the court may deem necessary in the interests of justice.

Attorney Gisanne Ramjit of Omega Chambers in San Fernando signed the application.

The applicant, who joined the police service in 2013 as a SRP and became a regular officer in 2018, said in June 2022, he was based at the PSB.

In June 2023, he was transferred to the GBVU.

He claims during his time at the PSB, he faced harassment and victimisation by colleagues owing to his sexuality, as he identifies as a gay man. He alleges that he was subjected to derogatory name-calling, which caused him significant mental and emotional distress.

He reported the harassment to the then-PSB head, who addressed the named officers, but according to the court documents, the heckling continued.

The application also states that he was subjected to abuse and discrimination by PSB officers due to his political views, citing several alleged incidents in 2023.

However, he was accused of misconduct, and on May 3, 2024, he received two notices of investigations against him. The investigators contend that he "stated a deliberate falsehood" to an inspector about taking time off for a medical appointment. The other allegation was that he failed to complete a report as instructed by a senior officer.

In response via a letter dated May 8, his attorneys labelled the investigations unlawful and called for them to be dismissed.

On August 14, 2024, the officer received another notice of a complaint about a WhatsApp status, as well as a meeting concerning the status comments.

The applicant has 14 days in which to file his judicial review claim.

Attorneys Michael Rooplal and Vishan Michael Gopaul-Gosine also represent the officer.