CoP ordered to decide on businessman's FUL application

A HIGH COURT judge has ordered Police Commissioner Erla Harewood-Christopher to decide on a Penal businessman’s firearm user’s licence (FUL) application by February 5.

Justice Devindra Rampersad made the order on January 15, as he declared the commissioner breached the applicant's statutory duty by unreasonably delaying a decision on the FUL application.

The court ordered that the decision, whether to approve or not, be communicated to the claimant’s attorney by the stipulated deadline.

The businessman, who asked that his name not be published, argued that his application had been in abeyance since he received a provisional licence in 2021.

Despite submitting all required information and legal correspondence through a pre-action protocol letter, no decision was made for nearly three years.

In support of his claim, he said, “I am affected by such a failure on the part of the intended respondent/defendant to render a decision on my application as I have applied for my FUL so that I can lawfully possess a firearm for use for protection for my family, my business and myself.

“Because of the nature of my business, I usually am in possession of large amounts of cash on a daily basis. I also usually personally transport same to the various banks to deposit on a daily basis or at times I have to carry same home because I am unable to go to the bank on the particular day.”

Kent Samlal and Varun Debideen represented the businessman.