Erla fails to block acting CoP appointment, but challenge to PSC goes forward

Commissioner of Police Erla Harewood-Christopher will be permitted to challenge the Police Service Commission’s (PSC) authority to suspend her in light of an ongoing investigation into the procurement of sniper rifles for the Strategic Services Agency (SSA), the High Court has ruled.

However, she was unsuccessful in convincing Justice Christopher Sieuchand to keep the office of commissioner vacant until the court ruled on her challenge.

“In my view, the circumstances of this case do not favour the granting of the relief sought by the claimant…She simply seeks a limited order preventing the intended defendant from appointing any nominee approved by Parliament to act as Commissioner of Police.

“In my view, the balance of convenience does not favour the granting of this order and militates against it. Granting this relief would create a vacancy in the constitutional office charged with the overall management and responsibility of the TT police service.

“Allowing such a void to persist cannot, in my view, be justified where the present circumstances are such that our country is plagued with high levels of reported serious crime and we continue under a state of emergency,” Sieuchand said on February 5.

His ruling came less than an hour after the Parliament approved the motion for DCP Junior Benjamin to act as commissioner.

Harewood-Christopher is challenging the PSC's authority to suspend her in view of the investigation into the procurement of sniper rifles SSA.

As part of her application for judicial review, Harewood-Christopher sought an injunction to keep the office of commissioner vacant until the court ruled on her challenge.

“Protect my right to my office which I have lost because of (the PSC’s) irregularities…Justice should not turn its face against me,” contended Senior Counsel Pamela Elder, the embattled commissioner’s lead attorney.

Elder argued that the PSC acted without sufficient material evidence and relied solely on the Deputy Commissioner of Police's (DCP) assertion that Harewood-Christopher had been arrested. She questioned the legal basis for the suspension.

“We want to know what operated in your mind to justify the suspension…You cannot suspend on another person’s suspicion,” Elder argued.

She said there would be no disruption in the police service if the interim relief were granted.

“The PSC constitutionally has the power to exercise disciplinary control over the CoP and DCPs. If you have not instituted disciplinary

action, what is your authority to issue a preventative suspension?” Elder questioned.

She said the PSC could only exercise disciplinary control over the commissioner.

She said the decision to suspend the commissioner was on “dirty, shaky ground.” Elder also maintained that Harewood-Christopher had an arguable case for permission to advance her claim against the PSC.

She also accused the PSC of acting with “shocking speed” to suspend the CoP.

“What was the urgency to suspend? In what way have I misbehaved in public office?” Elder reminded that Harewood-Christopher only had three months left of her service. Her tenure comes to an end on May 15, after two previous extensions.

“I am not asking to go back. But hold my office intact for me.”

In granting leave, Sieuchand ruled that the top cop’s argument that the PSC did not have before it sufficient material upon which it ought to have made the decision, should be ventilated at trial.

"As for the defendant's assertions that it disclosed to the claimant sufficient particulars of the basis for its decision, that is to say, the information received from agents of the police service upon which it relied, that in my view remains a mixed question of fact and law to be determined at trial.

"As for the defendant's assertion that it acted reasonably in making the challenged decision without first hearing from the claimant prior to making the suspension order, that too remains a mixed question of fact and law to be determined at the trial of this action.

"In those circumstances, I am prepared to grant leave for the claimant to apply for judicial review of the challenged decision," the judge ruled.

Attorney: PSC had to act fast to protect police integrity

Attorney Deborah Peake SC, representing the PSC, rejected Elder’s argument, maintaining that the commission had the constitutional power to suspend the commissioner when there was sufficient suspicion of misconduct.

"The PSC does not need to prove guilt, but it must be satisfied that an offence may have been committed," Peake said.

She noted that Harewood-Christopher had been cautioned and put under arrest, and the Director of Public Prosecutions (DPP) had been consulted throughout.

Peake dismissed claims that the suspension was politically motivated or procedurally flawed, arguing that it was necessary to protect the integrity of the police and public trust.

Peake also said Harewood-Christopher had been aware since November 2024 that the SSA's procurement of sniper rifles was under scrutiny, but had not taken steps to clear her name.

Peake insisted that allowing Harewood-Christopher to remain in office would be problematic, given the gravity of the allegations and the need to maintain confidence in law enforcement.

"These are serious allegations. The commissioner was the only person legally authorised to approve the importation of firearms. The PSC had to act swiftly to protect the integrity of the office."

She also said under the current SoE, the commissioner had wide powers and responsibilities.

“Under the emergency powers regulations 2024, the only person who can exercise certain powers is the commissioner.

“We will be in a situation where there is no CoP to exercise those powers.

“That is to bring anarchy in TT,” Peake said, as she urged the judge to decide on the public’s interest.

“We must ensure the office (of commissioner) is not vacant during an SoE."

Harewood-Christopher was arrested on January 30 and suspended the next day. She and ex-SSA director retired Major Roger Best were released on February 1, on advice from DPP Roger Gaspard, SC, pending further inquiries.

In the pre-action letter, Elder called the suspension "shocking, unlawful, and ultra vires," saying it lacks legal justification and violates natural justice.

“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.”

In its letter to Harewood-Christopher on January 31, the PSC said, “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 CoP, 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, telling her of the decision and submitting nominations for acting appointments to the positions of CoP and DCP.

Harewood-Christopher's service has been extended twice by Cabinet decisions in 2023 and 2024, citing national interest, with the current term set to expire on May 15, 2025.

Harewood-Christopher is also represented by Russell Warner.

Also appearing for the PSC was Ravi Heffes-Doon.