Attorney tells PSC: CoP’s suspension ‘unlawful’ — ‘Let Erla do her job’

A fierce legal battle has erupted between Commissioner of Police Erla Harewood-Christopher and the Police Service Commission (PSC) over her recent suspension from duty.

Her attorney, Senior Counsel Pamela Elder, wrote to PSC chairman Dr Wendell Wallace on February 3, demanding that the PSC immediately rescind its decision, warning that failure to do so would result in judicial review proceedings against the commission.

She gave the PSC until 2 pm on February 4 to rescind Harewood-Christopher’s suspension.

The top cop was suspended from office pending the outcome of a criminal probe into the acquisition of two sniper rifles for the Strategic Services Agency (SSA).

Elder challenged the PSC’s authority to suspend Harewood-Christopher on January 31, saying its decision was “shocking, unlawful, and ultra vires.”

The PSC’s decision to suspend the top cop was outlined in letters to Harewood-Christopher and President Christine Kangaloo.

The PSC decided Harewood-Christopher should cease performing her duties with immediate effect until further notice.

However, Elder argues that the PSC’s decision lacked proper legal foundation, as her client was not given specific details of the alleged misconduct.

She said the PSC failed to outline the particulars of the alleged “misbehaviour in public office” charge, leaving Harewood-Christopher unable to respond meaningfully.

“It is beyond human comprehension, alarming, and grossly unfair that in the said letter you asked our client to make representations in relation to an allegation devoid of particulars.”

Elder argued that the PSC could not lawfully suspend an officer – especially the Commissioner of Police – without properly reviewing evidence that justifies such action.

The six-page letter further noted that Harewood-Christopher was not arrested under a judicial warrant, meaning the arresting officer must have had reasonable grounds for suspecting she committed an offence.

Elder said the PSC’s letter did not indicate whether the commission had been provided with the name of the arresting officer or the grounds for suspicion.

Without this information, the PSC’s suspension decision is questionable and potentially unlawful, she said.

“In the absence of this critical and necessary information, it is alarming that an independent commission exercised its constitutional powers to suspend our client.

“Without such material, no impartial, independent, fair, just, and/or lawful decision to suspend could have been made.”

Elder also said the PSC failed to act fairly, maintaining that fairness required the PSC to request and review actual evidence before taking disciplinary action.

“As an independent and impartial body charged with protecting our client’s rights, it was unlawful for the PSC to suspend the commissioner without reviewing any material from which it could independently assess the allegations against her.”

Elder further noted that Harewood-Christopher had been aware of the police’s investigation since November 27, 2024, when DCP Suzette Martin told her about the “ongoing investigation” into the alleged unlawful procurement of firearms and accessories by the SSA, but had not taken any steps to obstruct or interfere with the process. This, Elder argues, undermined the justification for immediate suspension. She also said at that time, Harewood-Christopher was not told she was a suspect.

“Further, your attention is drawn to the fact that this investigation has been ongoing for a considerable amount of time.”

Elder maintained that the PSC’s actions amounted to an abdication of its constitutional responsibilities.

“We contend that the PSC was required to request, obtain and carefully assess the material which afforded reasonable grounds for suspicion before suspending our client.

She added, “Rather than acting independently and protecting the rights and interest of our client, the PSC by its unmeritorious suspension has exacerbated the pain, humiliation and suffering endured by our client as a result of her arrest and detention.

“What the PSC did was an abdication of its constitutional duties, in that it relied entirely on the bare statement by the DCP that our client was cautioned and arrested as a suspect in an ongoing investigation.”

Elder reminded that after two days in police custody, Harewood-Christopher was released on the instructions of Director of Public Prosecutions Roger Gaspard, SC.

“This release without charge leads to the inexorable conclusion that there was no evidence that our client may have committed the offence of misbehaviour in public office, or any other offence.”

In his letter to Harewood-Christopher, Wallace said, “The PSC has decided that in the proper discharge of its duty, in the interest of the police service and in the public interest, you must cease to report for duty and cease to discharge the duties of the office of the Commissioner of Police, with immediate effect, until further notice.

“The commission invites you to make any representations you may wish to make as to its decision within seven days of receipt of this letter.”

The PSC also wrote to the President the same day with its nominations for acting appointments to the offices of CoP and DCP.

The PSC’s letter said Harewood-Christopher had been directed to stop reporting for duty and working as CoP “as a result of an ongoing investigation into misbehaviour in public office.”

Parliament will meet on February 5 to debate the PSC’s nomination of DCP Junior Benjamin to act as CoP.

Harewood-Christopher, appointed CoP in February 2023, was detained along with the former director of the SSA, retired Major Roger Best, during the probe. Best was also released from custody on February 1.

Harewood-Christopher had three and a half months left on her contract.

Her tenure as head of the police service was extended by a year from May 15, 2023, after she turned 60. Cabinet gave Harewood-Christopher a one-year extension up to May 24, 2024, “in the national interest.”

A year later, on May 13, 2024, Harewood-Christopher’s service was extended for a further year to May 15, 2025.