Ex-SORT officer loses suspension challenge

A police officer assigned to an elite unit of the police service has lost his legal bid to overturn a three-year suspension after the High Court ruled the disciplinary measure was lawful and in the public interest.

PC Mickhail Gonzales, a former member of the now-defunct Special Operations Response Team (SORT), was suspended in January 2022 during a probe into the deaths of suspects Andrew Morris and Joel Balcon. Both men were detained in connection with the 2021 kidnapping and murder of Andrea Bharatt, whose body was discovered in the Heights of Aripo one week after she vanished in Arima, in January 2021.

On June 12, Justice Frank Seepersad said Gonzales’ suspension, imposed under Regulation 152 of the Police Service Regulations, did not constitute a constitutional penalty as he continues to receive full salary.

“The suspension imposes no penalty, and although the claimant cannot be considered for promotions, there is no right to a promotion,” Seepersad said.

Gonzales’ attorneys had argued that no action had been taken against him after a Police Complaints Authority (PCA) investigation. However, the commissioner of police (CoP) contended that the suspension was necessary to protect public confidence and prevent reputational damage to the Trinidad and Tobago Police Service (TTPS), especially with an ongoing criminal investigation into the suspects’ deaths.

In his ruling, Seepersad said the absence of formal disciplinary or criminal charges did not invalidate a suspension enacted for investigatory purposes. “Such a stance would be impractical and counterproductive,” Seepersad ruled. He also rejected Gonzales’ claim that he should have been given a hearing before the suspension.

“The claimant has suffered no prejudice by reason of his suspension,” Seepersad concluded. “The decision was taken as a preliminary step following the receipt of the PCA report, and the CoP was duty-bound to preserve the reputation and integrity of the police service.”

“This court is resolute in its view that the claimant was suspended in the public interest and that the course adopted was justified as the suspension was required so as to preserve the reputation of the police service.”

Seepersad also said that the evidence suggested the investigation into the two suspects’ deaths was continuing. “This is a serious issue,” the judge stressed.

“The court cannot, and will not, circumvent, micro-manage, or intervene in this investigation process…And, the interests of justice require that the claimant should remain on suspension until the process is completed.”

Seepersad noted that Gonzales’ suspension was a temporary step to allow for a full investigation. “There is no proof that Gonzales was treated unfairly,” Seepersad said. “The police must be held to high standards, and it is important to protect the service’s reputation.”

The court dismissed Gonzales’ case and ordered him to pay legal costs to the commissioner. Gonzales was one of several police officers who were suspended and who challenged their suspensions. On May 22, Justice Devindra Rampersad ruled that the nearly three-year suspension of Cpl Joel Barton was unlawful. Granting multiple declarations in Barton’s favour, Rampersad quashed the commissioner’s decision in 2022 to suspend him, and described the circumstances of the suspension as “arbitrary,” “reprehensible,” and “inexplicable.”

“The claimant was suspended for 40 months without charge, allegation, or explanation. It seems to be direct victimisation.”

Gonzales was represented by Jagdeo Singh, before he was sworn in as Speaker of the House of Representatives in May, Gerald Ramdeen, Dayadai Harripaul and Nerissa Bala.