Top cop again ordered to decide on FUL application

FOR the third time within the last two weeks, the Commissioner of Police has been ordered by the court to decide on a firearm user’s licence (FUL) application.

The latest order was made by Justice Kevin Ramcharan on January 22.

Commissioner Erla Harewood-Christopher has to make a decision by June 16.

On January 15, similar orders were made by Justices Ricky Rahim and Devindra Rampersad, declaring that the commissioner breached her statutory duty by unreasonably delaying a decision on a Carapichaima businesswoman’s FUL application.

Another similar order was made by Justice Avason Quinlan-Williams on December 9, giving the commissioner 28 days to make a decision.

In all the cases, the commissioner was ordered to pay costs.

The business people in all four cases have asked for their names not to be published because of the prevailing crime situation and they fear becoming targets.

In the matter before Ramcharan, the businessman said he applied for his provisional and FUL in May 2020. He received the provisional licence in December 2020 and complied with the statutory requirements under the Firearms Act, completed training in the use of a firearm and received his certificate of competence which he submitted to the firearms permit unit (FPU).

Despite this, his claim said it appeared his application was left languishing and contended that the delay of three years and nine months for a decision was unreasonable.

In defence of the claims, acting Supt Jason Cuffy, of the FPU, while agreeing there was a delay, it could not be categorised as unreasonable.

In one of the claims, Cuffy quoted figures from the police’s Crime and Problem Analysis (CAPA) Branch to justify the commissioner’s discretion to “safeguard the safety of the public and peace in the country,” in the grant of FULs. He said levels of firearm violence in TT now stood as the highest in the region with 86 per cent of all murders in 2022 were committed with a firearm.

Cuffy further claimed lawful obtained firearms were detected in incidents of crimes including murders and suicides.

Cuffy cited a volume of outstanding applications before the FPU, with some 25,000 pending applications for the top cop’s consideration, as he stressed decisions to grant FULs could not be rushed. Cuffy also said the commissioner was treating the slew of similar applications before the courts with priority to avoid lengthy trials and unnecessary costs.

Cuffy further noted a move of the FPU to Trinidad House on St Vincent Street, Port of Spain, contributed to disruptions in the process.

Those reasons were given in his affidavit filed in December 2024. Cuffy also said there was no constitutional right to carry firearms.

In the latest case, Cuffy did not cite the pandemic as a reason for the delays.

In March 2024, Justice Frank Seepersad chided the commissioner for attempting to justify the delays on the backlog of applications and the pandemic.

In the case before him, the commissioner cited the pandemic, the backlog of 25,000 applications, and the audits as reasons for the delays.

"It is simply outrageous that a sitting commissioner would elect to adopt a, 'Well I have plenty work to do' stance, in defence of the delay which has transpired in this case," Seepersad said.

"To suggest that one core function is more important than another is a classic 'cop-out' stance which does not instil any confidence as to the office holder’s capacity or capability to discharge the required statutory obligations," he added.

In the latest case, Lester Chariah and Kent Samlal represented the businessman while Tsonda Gayle and Naiomi Herbert represented the commissioner.