Elder: PSC must reinstate Erla now

SENIOR Counsel Pamela Elder said the Police Service Commission (PSC) must immediately reinstate suspended Commissioner of Police (CoP) Erla Harewood-Christopher to active duty after Director of Public Prosecutions (DPP) Roger Gaspard said there was no police evidence to support any criminal charge against her for approving the import of two sniper rifles under the Firearms Act for resale to the Strategic Services Agency (SSA).

Elder spoke to Newsday on May 11, the day after Gaspard cleared Harewood-Christopher.

The PSC had suspended her on January 31, pending an investigation into alleged misbehaviour in public office.

During the probe, Elder had complained that the PSC had given the CoP "no particulars" of her alleged misconduct to which she could respond.

Newsday spoke briefly to PSC head Dr Wendell Wallace who said he was at a function on Mothers Day and could not speak but invited us to send questions.

The questions were sent via WhatsApp but up to press time no reply was received from Wallace. Newsday asked, "Does the DPP's decision now mean the PSC must automatically lift her suspension and reinstate her to office? Alternatively could the PSC delay reinstating her as CoP if PSC felt she showed negligence and failed to fulfil the duties of her office?"

Elder otherwise she said she was keenly awaiting High Court judge Christopher Sieuchand's ruling on May 12 on Harewood-Christopher's judicial review action against the PSC's suspension of her.

Elder said, "We will comment fully tomorrow. We are all waiting on the judge's decision on the unlawfulness of the suspension."

In an initial reaction, Elder said, "But of course with the DPP's statement my client is extremely relieved.

"She has been under intense stress, as could be expected.

"Of course, it is unfortunate the decision came so late. It brings to mind immediately the aphorism 'Justice delayed is justice denied', because she just has about three more days of her contract."

Newsday asked if Harewood-Christopher was ever likely to see the inside of the commissioner's office again.

Elder replied, "Well, we have to wait the judge's decision. Let us see."

Referring to Gaspard's statement plus the ruling due from Sieuchand, Elder said, "In light of everything she (Harewood-Christopher) would look at both decisions and she would decide the way forward."

She said Sieuchand would rule on whether the PSC's suspension of the CoP had been unlawful.

Confirming that the suspension was still in effect (even after Gaspard's statement), Elder said, "It is up to the commission (PSC) to lift it.

"They had said they were awaiting the outcome of the (police) investigation.

"So the same way they acted with promptitude to suspend her, I would expect similar promptitude in lifting it. And you can quote me on that!

"That is what they (PSC) said – they are awaiting the outcome of the investigation – and they should know the outcome now.

"I would expect they would meet in emergency session and do what is right."

Elder elaborated on her expectations of Sieuchand's ruling.

"The lifting of the suspension does not depend on His Lordship's ruling, because the suspension was made pending the outcome of the investigation, and the investigation is closed."

Urging the PSC to lift the suspension with the same promptness with which it had ordered the suspension, Elder said, "They acted very quickly on the letter sent to them by the DCP (Intelligence and Investigations Suzette Martin).

"I would expect that with a statement of that nature coming from the DPP, we should immediately get a response from them. Or are they waiting for me to write and tell them what they should do?"

Newsday asked about the judicial review action. She said, "The judicial review challenged the suspension, on the basis that she should have been heard prior to the suspension, and there was no basis for the suspension. He is going to rule on whether the suspension was lawful.

"They suspended because of the investigation, and the investigation is no more. It is closed.

"So on what basis would they continue the suspension?"

Elder lamented that after the police had arrested Harewood-Christopher in January, for months they had said they were still investigating.

"Why didn't you do a through investigation before the arrest? Scandalous! It's shameful!

"I have a lot more to say but I will await the judge's ruling."

Newsday asked how she expected Harewood-Christopher was spending Mother's Day.

Elder replied, "I expect she is relieved and thanking her Lord.

"The nation has seen, the world has seen, that she did no wrong."

Gaspard, in his statement, had said the police investigated whether Harewood-Christopher had "wilfully neglected" her duty or "wilfully misconducted" herself in performing her duty. He said the word wilfully meant "deliberately", "being fully aware of", and "an affront to the standing of her office." Gaspard said the evidential threshold was a high one, requiring conduct so far below acceptable standards that it was "an abuse of the public's trust in the office holder."

The DPP said, "The authorities also establish that a mistake, even a serious one, will not suffice."

He said police evidence showed sufficient evidence to lead to Harewood-Christopher's initial arrest as a suspect, but ultimately did not reach the required threshold for a criminal charge.

"I am of the view there is no realistic prospect of a conviction for the offence of misbehaviour in public office," Gaspard said.

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