CoP again ordered to decide on FUL application

COMMISSIONER of Police Erla Harewood-Christopher has again been ordered by the court to decide on a firearm user’s licence (FUL) application.

Justice Ricky Rahim made the order after declaring that the commissioner breached her statutory duty by unreasonably delaying a decision on a Carapichaima businesswoman’s FUL application.

Harewood-Christopher was given two months to decide whether or not to approve the application. Another judge made a similar order on January 15.

The businesswoman, who asked that her name not be published, said she applied for a FUL and received her provisional licence in 2021.

She complied with the relevant statutory requirements by submitting all the required documents but is yet to know if her application was approved.

Although acknowledging that the Firearms Act did not prescribe a time limit mandating the commissioner to make a decision, the businesswoman’s lawyers argued one should be made without reasonable delay.

"The claimant is affected by such a failure on the part of the respondent to render a decision on her application as she applied for a FUL arising out of concern for her personal safety and that of her family having regard to the nature of her employment and business.

"As a businesswoman, the claimant is often constrained to be in possession of the proceeds of business arising out of the activities related to her employment which places her at a greater risk of being the victim of robbery as she personally carries the cash to the banks at times or at times carries same home for safekeeping.

"There has been an unreasonable delay of approximately three years."

Kent Samlal and Varun Debideen represented the businesswoman.