[UPDATED] DPP: Insufficient evidence to charge Erla in sniper rifle probe

THE WAY is now clear for Commissioner of Police (CoP) Erla Harewood-Christopher to resume active duty after a criminal investigation into her role in authorising the importation of two high-powered sniper rifles for the Strategic Services Agency (SSA) came to an abrupt end on May 10.

In a statement, Director of Public Prosecutions (DPP) Roger Gaspard, SC said he found there was no evidence to support any criminal offence against the CoP.

The DPP's decision comes four days before the employment contract for Harewood-Christopher, 62, ends on May 14.

Harewood-Christopher was suspended from active duty by the Police Service Commission in early February, pending the outcome of a police investigation.

On May 12, High Court judge Christopher Sieuchand is expected to rule on the validity of the suspension.

The commission must lift her suspension if she is to return to active duty for the remaining four days. Harewood-Christopher did not immediately respond to calls or WhatsApp seeking comment.

The investigation also involved the arrest of former SSA director, retired Major Roger Best, who was arrested on January 29 and released on February 1. Police are continuing investigations against Best for other offences, unrelated to the importation of the sniper rifles.

A senior police officer confirmed that at least two key police officers refused to co-operate with investigators in the probe despite repeated attempts to obtain statements from them concerning the verification process to import the weapons. A member of the investigative team also had to be removed after he coerced one of the officers not to cooperate, police said.

Gaspard said police began an investigation in latter half of 2024 which had been triggered by a request from former director of the SSA retired Brig Gen Anthony Phillip-Spencer.

"By way of context, the allegation of misconduct in public office stemmed from the issuance of a firearm import permit to a firearm dealer, for the importation into TT of two high-powered rifles together with accessories, inclusive of sound suppressors."

He said the firearm dealer was "merely the agent or conduit for the importation of these items. Since, for all practical purposes, the request/application had been made through this dealer/agent by the SSA, 'purportedly for operational and training use.'"

Gaspard said the guns and accessories could not have legally entered the country without the approval of a firearm import permit authorised by the CoP.

He said the CoP has the sole authority to approve gun import permits under the Firearm Act, and based on the evidence, she signed off on the permit to import the sniper rifles. But, according to Gaspard, the CoP had to satisfy herself on three critical matters; that the applicant had a good reason for importing the guns and accessories; that the applicant can be permitted to have the guns without causing any danger to the public's safety or to public peace; and that the applicant was not a person believed "to be of intemperate habits or unsound mind, or to be for any reason unfit to be entrusted with such firearms."

Gaspard said it was against this backdrop that the police "began to investigate, inter alia, whether the CoP had wilfully neglected to perform her duty and/or whether the CoP had wilfully misconducted herself in the performance of her duty, in issuing that firearm import permit. The word wilfully here is to be construed in the sense of the office holder acting deliberately and of her being fully aware of her duty not to misconduct herself, in the manner under reference."

He said the police was "required to investigate whether the CoP's attendant conduct amounted to a serious departure from proper standards of due diligence so as to amount to a departure that was not merely negligent but one which amounted to an affront to the standing of her office, if such conduct were to attract a criminal charge."

"The apposite legal authorities hold that the threshold is a high one requiring conduct so far below acceptable standards to amount to an abuse of the public's trust in the office holder. These authorities also establish that a mistake, even a serious one, will not suffice."

Gaspard said the police "ably presented to me a substantial file containing evidence and in light of the serious questions which that evidence has raised, concerning the CoP's performance of her due diligence functions, I am of the opinion that while this coupled with her granting of the firearm import permit was sufficient to lead to her arrest as a suspect the evidence presented does not reach the required threshold so as to lead to a criminal charge. Of course, it is trite law that an arrest should not and does not necessarily lead to a charge."

In coming to his decision Gaspard said he also relied “the Code for Prosecutors” published by his office in 2012.

"It is a two-stage test. The first stage being an evidential stage, and the second stage being the public interest stage. With respect to the first stage, the issue is whether there is a reasonable prospect of conviction on the evidence. If there is no such prospect, one is not required to go on to consider the second stage. In this matter, on the evidence, I am of the view that there is no realistic prospect of a conviction for the offence of misbehaviour in public office or for any offence, and accordingly, it would be legally wrong to proceed further. I am further fortified in my conviction since the evidence has not unearthed any improper motive, consideration or quid pro quo which might have unlawfully undergirded the CoP's issuance of the subject permit."

Gaspard thanked the police investigators, led by DCP Intelligence and Investigations Suzette Martin, "for their assiduity and all relevant parties, including the public, for their patience."

Background to probe

On January 30, police officers led by DCP Investigations and Intelligence arrested Harewood-Christopher at her Police Administration Building office on suspicion of misbehaviour in public office. The dramatic arrest sent shockwaves throughout the police service.

Harewood-Christopher remained in police custody at the St Clair Police Station for over 50 hours, after she had been questioned by investigators, before being released on February 1 on he advice of the DPP pending further investigations.

After she was released, Harewood-Christopher's lead attorney, Pamela Elder, said there was "not one drop of evidence" against her client. Elder had described her client's arrest and questioning as a suspect as outrageous.

Best, who was also arrested, questioned, and released in the investigation, will not face any charges in connection with the purchase of the weapons. Instead, he will face a charge of having excess ammunition in breach of the number allowed under his firearm user's licence.

As part of the investigation, police have also taken statements from former minister of national security Fitzgerald Hinds and Chief of Defence Staff Air Vice Marshal Darryl Daniel.

The investigation was triggered by a confidential Special Branch report of May 1, 2024, submitted to former prime minister Dr Keith Rowley, the head of the National Security Council (NSC).

Both the CoP and the director of the SSA are members of the NSC.

The probe centred on an alleged request made by Best to Harewood-Christopher sometime between July 2023 and March 2024 to buy the two sniper rifles for the use of the SSA.

The guns were procured through A&E Tactical, a Trincity-based company owned by Luke Hadeed.

Best was sent on administrative leave on March 2, 2024 and subsequently terminated on May 18, 2024, while in police custody for an unrelated investigation involving the transfer of four high-powered rifles.

This country’s ambassador to the US, retired Brig Gen Phillips-Spencer, was recalled to act as SSA director on May 2 and was replaced on April 1 by retired ACP Arthur Barrington. Barrington's appointment was revoked on May 9. The government has appointed retired major Roger McLean as SSA director. He previously served as one of the deputy directors of the agency.

This story was originally published with the title "DPP orders no charge against Erla" and has been adjusted to include additional details. See original post below.

Director of Public Prosecutions Roger Gaspard, SC, on May 10 advised police that there is insufficient evidence to support any criminal charge against Commissioner of Police Erla Harewood-Christopher.

His decision comes four days before the employment contract for Harewood-Christopher, 62, ends.

Harewood-Christopher was suspended from active duty by the Police Service Commission in early February, pending the outcome of a police investigation relating to the purchase of two sniper rifles for the Strategic Services Agency (SSA).

The commission must lift her suspension if she is to return to active duty for the remaining four days.

On January 30, police officers led by DCP Investigations and Intelligence Suzette Martin arrested Harewood-Christopher at her Police Administration Building office on suspicion of misbehaviour in public office. The dramatic arrest in front of staff sent shockwaves throughout the police service.

In a statement, Gaspard stated, "In this matter, on the evidence, I am of the view that there is no realistic prospect of a conviction for the offence of misbehaviour in public office or fir any offence and accordingly, it would be legally wrong to proceed further.

"I am further fortified in my conviction since the evidence has not unearthed any improper motive, consideration or quid pro quo which might have unlawfully undergirded the CoP's issuance of the subject permit."

This is a breaking story. Read full details in Sunday Newsday.