Judge to rule in Erla's suspension challenge in April

SUSPENDED Commissioner of Police Erla Harewood-Christopher will learn on April 15 whether her legal challenge against the Police Service Commission (PSC) succeeds – one month before her tenure officially expires on May 15.

Justice Christopher Sieuchand will deliver his ruling on the lawsuit, in which Harewood-Christopher is contesting the PSC’s authority to suspend her amid an ongoing investigation into the procurement of sniper rifles for the Strategic Services Agency (SSA).

At a hearing on March 6, Senior Counsel Pamela Elder, representing Harewood-Christopher, objected to aspects of the PSC’s evidence. She specifically challenged portions of an affidavit submitted by Corey Harrison, the Director of Personnel Administration (DPA), arguing that it contained unsupported claims and hearsay.

Elder contended that Harrison’s affidavit referenced factors that were not included in Harewood-Christopher’s suspension letter. These factors included preserving the dignity and authority of the police commissioner, maintaining the integrity of the investigation, protecting the reputation of the police service during a state of emergency, and serving the public interest.

“The only person who can speak to these considerations is the chairman of the PSC,” Elder insisted.

However, Deborah Peake, SC, lead attorney for the PSC, countered that Harrison was well within his authority to provide the affidavit. She maintained that it was not legally necessary for PSC chairman Dr Wendell Wallace to personally swear to the affidavit, since the DPA is responsible for administrative support to the commission.

Sieuchand directed both legal teams to file brief submissions on the objections, saying he wanted to be fully satisfied that Harrison’s statements were based on personal knowledge and were communicated to Harewood-Christopher. He also gave directions for the filing of submissions in the substantive case ahead of his ruling on April 15.

On February 5, Harewood-Christopher was permitted to challenge the PSC’s authority to suspend her. However, she failed in a separate attempt to convince the court to keep the post of commissioner vacant until a ruling was made.

Her service had been extended twice by Cabinet decisions in 2023 and 2024, but her legal fate—and the future leadership of the Trinidad and Tobago Police Service (TTPS)—now hinges on Sieuchand’s ruling in April.

On February 5, Parliament approved the motion for DCP Junior Benjamin to act as commissioner.

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 had ruled.

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 a 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.

Also representing Harewood-Christopher are Russell Warner and Richard Thomas. Ravi Heffes-Doon appears with Peake for the PSC.