Benjamin: DPP's clearance of Erla is a 'big relief'

ACTING Commissioner of Police (CoP) Junior Benjamin welcomed Director of Public Prosecutions (DPP) Roger Gaspard’s statement clearing CoP Erla Harewood-Christopher of criminal conduct in approving two sniper rifles for import, for ultimate re-sale to the Strategic Services Agency (SSA). With Harewood-Christopher suspended since February by the Police Service Commission (PSC), Benjamin said it was now up to the PSC to respond to the DPP’s statement, speaking to Newsday on May 11.

Earlier that day, the police service posted a statement on Facebook titled No Charges Against CoP Following Firearm Permit Probe.

It said Benjamin acknowledged the DPP’s media release on the conclusion of investigations into Harewood-Christopher over allegations of misconduct in public office.

“The acting commissioner welcomes the DPP’s clear and unequivocal decision that no criminal charges will be pursued against the commissioner in relation to the issuance of a firearm import permit for two high-powered rifles and accessories, intended for operational and training use by the Strategic Services Agency (SSA).”

The statement said the probe began after a request by a former director of the Strategic Services Agency (SSA) (retired brig-gen Anthony Phillip-Spencer) and focused on the issuance of the permit for the rifles and accessories, purportedly for SSA operational and training use.

“The commissioner of police, as the sole authority under the Firearms Act, granted the permit after assessing the applicant’s suitability and public safety considerations.”

The statement said the police investigated whether Harewood-Christopher had “wilfully neglected her duty or misconducted herself in granting the permit.”

It added that the DPP’s statement said the evidence presented did not meet the high legal threshold required for any criminal charges, as it did not demonstrate a serious departure from proper standards or an abuse of public trust.

“The DPP applied the full code test, which evaluates the evidential and public interest stages, and concluded there was no realistic prospect of conviction for any offence.

“Additionally, no improper motives or unlawful considerations were found in the commissioner’s actions. As a result, the matter will not proceed further.

The statement added that Benjamin thanked the public for its patience in this matter and the police service reaffirmed its dedication to operating with transparency and in line with the rule of law.

Benjamin told Newsday the police welcomed the statement that the DPP examined the evidence and disproved that any offence took place.

“I think the police service on a whole, we really welcome that.

“I think the commissioner will be totally relieved. I think the police service on a whole is really breathing a sigh of relief, because it has been a real challenge.

“I know it was a rough turn of events for the commissioner. What I can say is she was always one that stood strong in terms of her faith and in terms of what she believed in.

“Again, to see the law coming into place and going through the process – in this case vindicating her – again we are happy in terms of the overall process being done and the results that came out of it.”

Newsday asked if a suspension must necessarily be lifted on proof of the absence of wilful criminal conduct or if it could remain in effect if there remained a question of possible negligence or failure to adequately perform one’s duties in office.

Benjamin replied that this issue was now for the PSC to make its decision as to the way forward in the matter.

“At the end of the day, we account as commissioners and deputy commissioners to the PSC and I am certain the PSC will look at the overall situation and within due course make a response in relation to this.”

Saying police top-brass were just servants of the people, he said, “What I am called to do now is keep the police service focused until a decision is made. Again, we are just happy at this time to know a decision was made, a decision which has vindicated the commissioner and we really do appreciate that at this time.”

With Harewood-Christopher’s term ending on May 14, Newsday asked if she was likely to be reinstated to office and if so would that affect his position.

Benjamin replied, “I will just await the next course of action to be taken by the PSC.”

Saying Harewood-Christopher was vindicated under the rule of law, he said, “Again, I stand firm that the police service, we are an organisation that has really, really appreciated the rule of law.”