CoP defends decision to delay recruit's swearing-in

POLICE Commissioner Erla Harewood-Christopher says she cannot “in good conscience” allow a police recruit to take her oath as an officer amid concerns about her fitness for duty.

Harewood-Christopher’s response came in opposition to a contempt-of-court application filed by Aviel Williams, who sought to challenge her exclusion from the swearing-in process.

The CoP explained that the decision followed a recommendation from the legal officer of the police training academy in September to pause Williams’s progress until the conclusion of a background investigation.

“Until such time that I am assured that Ms Williams is a fit person to become a member of the Trinidad and Tobago Police Service, she will not be sworn in,” Harewood-Christopher affirmed in her statement.

She emphasised her legal obligation under Section 13 of the Police Service Act to ensure that only suitable candidates are admitted.

Williams's legal application alleges that Harewood-Christopher’s actions constitute contempt of court, seeking penalties that could include imprisonment or the confiscation of personal assets.

However, Harewood-Christopher defended her actions as fulfilling a public duty. She argued that punitive measures against her personally would undermine her responsibility to act in the national interest.

The case, presided over by Justice Joan Charles, has been adjourned to January 24, 2025.

Harewood-Christopher said only after the investigation could a decision be made on Williams’s fitness to be sworn in.

“Per section 13 of the Police Service Act, I am required to ensure that only fit persons enter into the police service.”

Harewood-Christopher also said she ought not to be held “personally liable for imprisonment or be at risk of the confiscation of my personal assets” for exercising her statutory mandate.

“Given my legislative mandate, I must be allowed to perform my duties for the best interest of citizens of TT, the members of the TTPS and in the national interest.”

Williams’s application was filed on October 24. The docketed judge, Justice Joan Charles, has adjourned the matter to January 24, 2025.

On October 18, Charles permitted Williams to pursue her challenge for several declarations after she was not allowed to take her oath and was removed from training without a reason.

The judge had also stayed the decision to remove Williams from the list of recruits until her lawsuit was determined, which would have allowed her to be sworn in as an officer and continue her training from October 21.

However, the court’s order was not complied with, prompting Williams’s attorneys to file a contempt application.

Williams’s application further seeks an order to enforce the court’s directions relative to the stay and permitting Williams to be sworn in. In the alternative, the court has been asked to stay all training at the Police Academy, preventing anyone from taking the oath.

The application said the court’s order was served on the police service’s legal department on October 18, when the order was made. On October 21, Williams hand-delivered the order, which carries a penal clause, to the Police Academy. She said she returned to the academy every day and waited all day for information or instructions.

“No one has informed me of the date on which I will be sworn in, nor when I will be re-commencing with training.

“I have not yet been let into the training nor allowed to take the oath,” Williams said in support of the application.

“The claimant is asking this court to hold the CoP in contempt, for her wilful defiance of the order dated October 18, 2024.

“To date, the claimant has not been sworn in as a police officer and has not been allowed to continue with her training,” said submissions filed on November 24.

Attorneys Arden Williams and Mariah Ramrattan represent Williams. Laura Persad and Kelisha Bello represent the commissioner.