Rio Claro man challenges CoP over delayed firearm permit request

A Rio Claro man has received the High Court’s permission to pursue judicial review against the Commissioner of Police (CoP) for failing to respond adequately to his request for details on his firearm user’s licence (FUL) application.

Michael Hernandez wants access to specific details on his application and has cited delays and incomplete responses from the police service.

Justice Frank Seepersad granted him leave on December 18, and the matter will come up for a hearing on January 20, 2025.

According to court documents, Hernandez filed his freedom of information request on August 9, asking for full documentation on his FUL application, including all minutes, status updates, whether his file had been sent to the Firearms Permit Unit for view and reasons for the delay in processing his permit, despite his having a provisional licence.

Although the police partially responded by September 18, he said they failed to provide critical details, including the complete FUL file.

He received no further communication despite repeated follow-ups for information.

Hernandez contended that the commissioner’s failure to comply with Freedom of Information Act (FOIA) timelines was a breach of her statutory duty under Section 15 of the act, which requires responses within 30 days.

He argued that the delay was unreasonable, irrational and an abuse of discretion, depriving him of his legitimate expectation of timely disclosure. He wants a declaration that the commissioner violated the FOIA by failing to respond within the statutory timeframe.

He also wants an order compelling the commissioner, Erla Harewood-Christopher, to decide on his FOIA request within seven days, as well as access to the requested non-exempt information.

Hernandez is represented by Genevieve Thompson and Petronilla Basdeo.