Debate on acting CoP might be unconstitutional, says Saddam

The February 5 sitting of the Lower House summoned to discuss the debacle involving embattled Commissioner of Police (CoP) Erla Harewood-Christopher and sanction the acting appointment of DCP Junior Benjamin may be unconstitutional, says Barataria/San Juan MP Saddam Hosein.

Speaking at the United National Congress (UNC) Pavement Report in the Fyzabad constituency on February 4, Hosein said before parliamentarians cast a vote, there must be clarity on whether there is a vacancy in the office of the commissioner of police.

He said he detention of the CoP, her release without charge and letter from the Police Service Commission (PSC) ordering her not to report for duty raised very critical issues.

The PSC also sent a copy of the letter to President Christine Kangaloo, telling her the action taken against the CoP had to do with ongoing investigations into misbehaviour in public office.

The investigation surrounds the procurement of high-powered guns.

Hosein told the audience, “The PSC, which is in charge of nominating, selecting and sending the names to the Parliament of the CoP, is the only constitutional authority which can discipline a CoP, suspend or terminate a CoP, according to the Constitution.

“We now have a letter, which was only revealed to us about four days after this entire debacle, dated January 31, 2025 from the PSC to Mrs Harewood-Christopher, regarding her arrest and investigation into misbehaviour in public office.

“The PSC is indicating that it is in receipt of communication dated January 30 from DCP Intelligence and Investigation – all you know who is that? – That is Suzette Martin – stating that on January 30 you were cautioned, informed you are a suspect in an ongoing investigation into misbehaviour in public office and you were then informed you were under arrest.”

He said the contents also said she should cease to report for duty and to discharge the duties of  CoP with immediate effect until further notice.

Hosein pointed out at the time the letter was issued, the CoP was still in custody.

“This letter is critical, because according to industrial law and industrial best-practice relations, this letter neither said Erla has been suspended, it neither said she was terminated, it did not say she should proceed on administrative leave, it did not buy out her contract.

"So is there a vacancy in the office of the CoP?

“This was an opportune moment, a golden moment to get rid of Erla, and they screw it up, they mess it up, because in this letter it does not tell Erla she is suspended, terminated, stay home because you are on administrative leave, that you bought out the contract.

“This begs the question, is there really a vacancy in the office of the CoP?

“We as parliamentarians are summoned to go to the Parliament tomorrow (February 5) to debate the nomination of DCP Benjamin to become the CoP.

“Is the Parliament engaged in an exercise that may in fact be unconstitutional?

"Again, PNM governance style. This is a critical and important matter.”

He called on prime-minister-in-waiting Stuart Young to speak out on the issue.

“I want to call on Stuart Young to break his silence on Erla Christopher. It has been about four or five days now that this scandal has taken over the news cycle in Trinidad and Tobago and we cannot hear from them.

“All we have heard is that Rowley (the Prime Minister) say he is disappointed with Erla.

“Rowley is trying to distance himself from Erla, but he cannot do that. Erla was Rowley’s pick, don’t forget that. When we were in the Parliament debating the nomination of Erla Christopher, we told them that she is nearing her retirement age, and whether or not this would be most appropriate candidate at this time.

“They ignored us and had to go to the Cabinet to extend the life of her service for another year. When that year was up, they extended it for another year again.

“And look at what happened,” he said, producing two media releases, one from May 9, 2023, giving an extension of a year of service to the CoP for 2023-2024 and another from May 13, 2024, extending her service, by order of the President, based on the advice of the Cabinet.

“So, when Rowley trying to run away from what happened with Erla, Rowley is responsible for what is taking place in this country. Cabinet agreed to extend her nomination for her term of service...two separate times they have done that.

“I hold no brief for Erla Christopher. I am not here to defend her. I believe she was a failure. I said it on many occasions she has failed.”

He recalled her “rubbing shoulders” with National Security Minister Fitzgerald Hinds, saying they were buddies, appearing at news conference supporting each other.

“Today the woman gets locked up; nobody wants to see her.

"That is a plain example of the PNM always (having) snake in the balisier. What you expect a snake to do, come and pat you on your head? It would come and bite you.

“Today we are warning public servants: do not do the dirty work of the PNM. You would end up just like Erla.”

He referred to the news briefing the police held on this issue, saying, “The last time I saw people standing up in the back of somebody reading a letter on a desk was Abu Bakr, you know."

Yasin Abu Abkr was the leader of the attempted coup of July 27, 1990.

“When I saw that press conference with Suzette Martin at the Police Administration Building, it seems as though they had overthrown the TTPS. It was akin to a coup.
"And today that is all the machinations of the PNM, now rolling out in front of our eyes.
"We must be careful. They have collapsed the TTPS. They have collapsed the SSA, they have Hinds leading the Ministry of National Security. That is why we are in this position today.”

Hosein also raised what he saw as another critical issue regarding the SoE and who is overseeing what is taking place, which is the remit of the CoP.

“If Erla Harewood-Christopher is not the CoP, that there is no CoP since January 31, 2025, then who is regulating, who is doing the doing the business of the office of the CoP under an SoE?”

He read from the emergency powers regulations, which give the police extra powers under an SoE.

He underscored this is what the CoP, not her deputies, is allowed to do under the law. The CoP is authorised to exercise certain powers, he said, including house arrest and curfews, and asked  who is doing this business if there is no CoP.

“This is the second time that the PNM has acted in such a manner that we are left without a CoP. When we had the SoE for covid we did not have a CoP then, and we don’t have one now.

"This is a very critical time when certain human rights are suspended under the Constitution.
"We have to ensure when law enforcement go out there they have something called intelligence. Do you know who signs off on the warrant to do interceptions? The CoP.
"So you are telling me, under a SoE, for the past five days, if a gangster decides to go and shoot up Port of Spain (and) they had that intelligence, we had no CoP to put him under house arrest.

“That is the critical point we have to make with this entire scandal, debacle, that the PNM has placed us in. This PNM that has selected this PSC.”