Judge to hear CoP's lawsuit challenging suspension at noon

AN hour and a half before Parliament is scheduled to meet to to debate the Police Service Commission’s (PSC) nomination of DCP Junior Benjamin to act as Commissioner of Police, a High Court judge will hear a lawsuit filed by Commissioner of Police Erla Harewood-Christopher seeking to challenge to her suspension.

Harewood-Christopher’s judicial review application has been assigned to Justice Christopher Sieuchand who will hear the matter at noon.

Newsday earlier reported that apart from the PSC’s acknowledgement of the pre-action protocol letter on February 4, the PSC, at 11 pm, sent a second response to Harewood-Christopher.

Newsday was reliably informed that the application for judicial review was expected to be filed by 9 am on February 5.

Harewood-Christopher’s attorneys had given the PSC a February 4, 2 pm deadline to rescind the commissioner’s suspension.

It is also understood that the PSC requested further information from Deputy Commissioner of Police (Intelligence and Investigations) Suzette Martin earlier on February 4.

Martin’s team also approached the Director of Public Prosecutions Roger Gaspard, SC, on February 4 and are working to gather the additional information before returning later on February 5.

Harewood-Christopher, suspended on January 31, is fighting the PSC’s decision to remove her from duty pending a criminal investigation into acquiring two sniper rifles for the Strategic Services Agency (SSA).

Her attorney, Senior Counsel Pamela Elder, called the suspension "shocking, unlawful, and ultra vires," arguing that it lacks legal justification and violates natural justice.

In a six-page letter to chairman of the Police Service Commission Dr Wendell Wallace on February 3, Elder demanded that the PSC immediately rescind the suspension, warning that failure would result in judicial review proceedings.

She contends that the PSC acted unfairly by failing to provide specific details of the alleged "misbehaviour in public office."

“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.”

Harewood-Christopher spent two days in police custody but was released on February 1 on the advice of Director of Public Prosecutions Roger Gaspard, SC, without charge.

Elder argued that this further weakens the justification for the suspension, saying, “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 a letter to Harewood-Christopher on January 31, while she was in custody, the PSC’s said, “In the proper discharge of its duty, in the interest of the police service and 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 also invited her to submit any representations on the decision within seven days.

Additionally, the PSC wrote to President Christine Kangaloo on January 31, informing her of the decision and submitting nominations for acting appointments to the positions of Commissioner of Police (CoP) and Deputy Commissioner of Police (DCP).