[UPDATED] Erla's suspension lifted but court rules it was lawful

Police Commissioner Erla Harewood-Christopher’s suspension was lifted Monday by the Police Service Commission (PSC), even as the High Court ruled the commission acted lawfully in suspending her during a criminal investigation into the procurement of sniper rifles for the Strategic Services Agency (SSA).

The PSC’s lead attorney, Deborah Peake, SC, announced during a court hearing that the commission had decided to withdraw its directive barring Harewood-Christopher from performing her duties.

She said a formal notification would be issued to the commissioner on the morning of May 12.

Up to 3 pm on Monday, Harewood-Christopher did not receive the official notification from the PSC.

However, acting on the undertaking given by Peake in court, she went to her office at the Police Administration Building, Sackville Street, Port of Spain, where there was a handover at about 1.40 pm between acting commissioner Junior Benjamin and herself.

Peake’s statement on the lifting of Harewood-Christopher’s came in response to questions from Harewood-Christopher’s attorney, Pamela Elder, SC, who called for her client’s immediate reinstatement, especially in light of Director of Public Prosecutions (DPP) Roger Gaspard’s May 10 declaration that there was insufficient evidence to pursue criminal charges for misbehaviour in public office.

While the suspension was lifted, the High Court simultaneously upheld the legality of the PSC’s original decision.

Justice Christopher Sieuchand ruled that the January 31 suspension was “reasonable, rational, and proportionate.” He said it was necessary to preserve public trust and avoid any appearance of interference in the investigation.

“It was likely in the public interest for the claimant to be temporarily suspended, without notice, to avoid any such risk,” Sieuchand said.

The suspension, he noted, was not intended as punishment and had been imposed with full pay.

Harewood-Christopher was appointed Commissioner of Police in February 2023 and had less than four months remaining in her term when she was suspended.

Her arrest on January 30 and subsequent release on February 1, alongside former SSA director Roger Best, formed the basis of the PSC’s decision.

Gaspard’s statement concluded that while the initial police investigation warranted her arrest, the threshold for prosecution was not met. He said there was “no realistic prospect of a conviction” and “no evidence of improper motive, consideration or quid pro quo.”

Elder had raised the DPP’s statement, pressing for details on Harewood-Christopher’s reinstatement.

“I’m grateful for what my friend has said… the suspension has been lifted,” Elder said. “Can she immediately go and sit on the chair?”

Peake said it would be best for the commissioner to “hold her hand” until the formal letter was received, as communication also needed to be sent to the acting commissioner.

In his ruling, Justice Sieuchand acknowledged that while Harewood-Christopher’s arrest and the subsequent suspension carried serious reputational consequences, the PSC acted in good faith. He noted that the commission had actively reviewed Harewood-Christopher’s suspension throughout the investigation and even offered her the option of pre-retirement leave in March 2025.

He said although no evidence showed Harewood-Christopher interfered with the investigation, her position warranted careful handling due to her access and authority. He also dismissed arguments that her suspension breached natural justice or that the particulars were insufficient.

Sieuchand found that the PSC acted within its authority. Acknowledging that the allegation against Harewood-Christopher was “certainly a serious one,” the judge said her suspension was “administratively necessary and not intended to inflict punishment.”

“I am of the view that it was in the public interest for the claimant to be temporarily suspended, without notice, to avoid any risk, and in fact, it may have been in the claimant's interest as well, to avoid any suspicion that she might so influence the outcome of the investigation.”

Sieuchand added, “In those circumstances, I consider the defendant was entitled to make the suspension decision on an urgent basis.”

In its defence, the PSC said it was satisfied that the police’s investigation was not “frivolous or vexatious, but rather a serious bona fide active criminal investigation guided by the DPP” and that permitting her to return to office was likely to compromise or appear to compromise the integrity of the criminal probe.

Sieuchand said the PSC’s approach was in good faith, “reasonable, rational, proportionate,” and in keeping with the rules of natural justice.

“In the interests of good administration and preserving the integrity of the ongoing investigation, and the claimant's interests, in all of these circumstances, I do not consider the defendant's decision to be irrational, unreasonable, ultra vires or illegal.”

He also noted Harewood-Christopher’s suspension was “not intended to inflict punishment, but rather was a suspension on full pay and full prerequisite pending the determination of the investigation in which the claimant had by then been identified as a suspect.”

Sieuchand continued, “While the suspension decision was likely to have a serious reputational impact on the claimant, the suspension decision was urgent and administratively necessary, having regard to the fact that, as CoP, the claimant had considerable power to control the investigation and to potentially influence the outcome of the investigations in her capacity as custodian of records relating to firearms.

“It was likely in the public interest for the claimant to be temporarily suspended, without notice, to avoid any such risk, and in the claimant's interest as well, to avoid any suspicion that she might.

“Though there was no evidence that the claimant had interfered in the investigations, despite being aware of it since November 2024, the fact remains that she was made aware of the fact that she was a suspect against whom an allegation of misbehaviour in public office had been levelled.

“While there was much uncertainty about what would result from the investigation or how long it would take, the prejudice, therefore, was likely to be mitigated by the defendant being prepared, as it was, and continues to be, to keep the suspension decision under active review.

“And finally, the defendant invited the claimant to make representations which it intended to consider in its review of the suspension decision,” the judge said.

In her judicial review claim, Harewood-Christopher sought to have the court declare her suspension unlawful. She was permitted to challenge the legality of her suspension on February 5; however, she failed to convince the judge to keep the office vacant until his ruling. On the same day, Parliament approved the motion for Benjamin to act as commissioner.

Harewood-Christopher’s legal team argued that the PSC had acted without sufficient material evidence and relied solely on assertions by DCP Suzette Martin that Harewood-Christopher had been arrested, as they questioned the legal basis for the suspension.

Elder had also accused the PSC of acting with “shocking speed” to suspend the CoP. Harewood-Christopher was appointed Commissioner in February 2023, and her service was twice extended by the Cabinet, led by then prime minister Dr Keith Rowley, in 2023 and 2024.

Section 75 of the Police Service Act allows the President to extend the term of a police officer in the First Division, including the Commissioner of Police, for up to three years in one-year increments. This extension can be made if the President considers it in the national interest. Justice Ricky Rahim dismissed a challenge to an extension of service, stating that extending an incumbent's term was distinct from making a new appointment.

The Court of Appeal on May 8, 2024, held that the President was obliged to act on the advice of the Cabinet to extend the commissioner's service in the national interest.

Harewood-Christopher, who was ordered to pay the PSC’s costs, was also represented by Russell Warner and Richard Thomas. Also appearing for the PSC was Ravi Heffes-Doon.

This story has been adjusted to include additional details. See original post below.

The High Court has ruled that the Police Service Commission’s (PSC) suspension of Commissioner of Police Erla Harewood-Christopher was lawful, reasonable, and proportionate, dismissing her legal challenge just days before the end of her term on May 15.

However, the PSC has lifted Harewood-Christopher’s suspension. The announcement was made by the PSC’s lead attorney, Senior Counsel Deborah Peake, who said the commission has decided to lift the instruction to the CoP to cease reporting for duty in light of the position of the Director of Public Prosecutions (DPP) that there was no prospect of a conviction for the offence of misbehaviour in public office.

Peake said a letter was expected to be sent to Harewood-Christopher on the morning of May 12, but she could not give an immediate timeline, only that she had those instructions from the commission. She said she expected communication to go out to the commissioner and the acting commissioner.

Peake’s position was in response to a query by Harewood-Christopher’s attorney, Pamela Elder, SC, who pressed for the CoP’s immediate reinstatement.

In delivering his ruling on May 12, Justice Christopher Sieuchand found that the PSC acted within its authority when it suspended Harewood-Christopher on January 31 amid a police investigation into the procurement of two sniper rifles for the Strategic Services Agency (SSA). Harewood-Christopher had contested the legality of the suspension, but the court upheld the PSC’s decision, finding it neither irrational nor illegal.

Sieuchand said the suspension was urgent and administratively necessary and was not intended to inflict punishment.

Harewood-Christopher was arrested on January 30 as part of an investigation into the procurement of sniper rifles for the SSA.

The suspension letter issued by the PSC cited the public and institutional interest in the matter and instructed her to cease performing her duties immediately. She was invited to submit representations on its decision. The PSC also notified President Christine Kangaloo and submitted nominations for acting appointments, leading to Parliament’s approval of Deputy Commissioner of Police Junior Benjamin as acting commissioner on February 5.

Harewood-Christopher and Best were released from custody on February 1 pending further investigations. On May 11, DPP Roger Gaspard, SC, announced that there was no evidence to support any criminal charges against Harewood-Christopher.

Gaspard explained that the investigation examined whether she had "wilfully neglected" her duties or "wilfully misconducted" herself. 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 authorities also establish that a mistake, even a serious one, will not suffice,” Gaspard said. While there was sufficient information to justify her arrest, he concluded there was no realistic prospect of a conviction. “I am further fortified in my conviction since the evidence has not unearthed any improper motive, consideration or quid pro quo,” he added.

Harewood-Christopher was appointed police commissioner in February 2023 and had less than four months remaining on her contract at the time of her suspension.