Acting CoP appoints new head of police legal unit

THE Police Service's legal unit has a new head – acting Assistant Supt Ramdath Phillip.

This amid public condemnation over the collapse of criminal cases in court – namely, two separate cases where 12 police officers facing various charges were freed owing to a lack of readiness by prosecutors to proceed with the cases.

Phillip, who has 22 years of service, was appointed by acting Commissioner of Police Junior Benjamin on April 1. Phillip replaces acting Supt Lucien Ferguson.

Phillip holds a law degree from the University of London. He was called to the Bar in October 2010 after completing his Legal Education certificate at the Hugh Wooding Law School.

One of the cases in question was dismissed by master of the High Court Sarah de Silva after the police failed to comply with court instructions to prosecute the matter in a timely manner.

After the loss, the Police Complaints Authority (PCA) launched an investigation into the circumstances surrounding the police’s failure to follow repeated court instructions in these two cases.

In one of the matters, seven officers were accused of corruptly appropriating over $100,000, which had been seized as evidence from several businesses in Sangre Grande.

The PCA is also investigating the collapse of a case on November 20, where five officers were charged with soliciting and receiving a bribe of $30,000 from a couple in Arouca.

This was in exchange for dropping charges after a search warrant at the couple's home allegedly uncovered drugs and camouflage uniforms. De Silva discharged the case, noting while police prosecutors were granted additional time to prepare their case, they failed to bring forward any witnesses, preventing the trial from proceeding.

In addition to his role in the unit, Phillip himself has had his day in court against the police service.

In 2018, while serving in the legal unit in San Fernando, Phillip was granted permission to sue the then-CoP after being bypassed for a promotion.

He claimed he had been unfairly treated, citing his legal qualifications as grounds for exemption from the police promotion exam. Phillip argued other officers with similar legal qualifications had been granted exemptions and awarded the maximum 35 points in the promotion process, while he was denied the same consideration.

In December 2018, High Court Judge Justice Ricky Rahim ruled in favour of Phillip, ordering the Police Promotion Advisory Board (PPAB) to immediately reconsider his promotion.

The judge found Phillip should have been exempt from the promotion exam in line with a 2007 departmental order established by the CoP. The policy says officers with an LLB degree from an institution recognised by the Accreditation Council of TT should be exempted from the promotion exam and awarded the maximum 35 points.

Although Phillip had been notified in 2014 he would not receive the exemption due to missing the deadline to apply, he objected, explaining he was unaware.

Despite his objections, Phillip's concerns went unaddressed for years, despite submitting numerous letters and meeting with senior police officials.

In his ruling, Rahim not only directed the PPAB to award Phillip the maximum 35 points and reconsider his promotion but also declared he had been subjected to unfair treatment. Additionally, he ordered the state to pay his legal costs.