AG stays in cop's lawsuit over transfer from US consulate

A SENIOR Special Branch officer, who was permitted to challenge his transfer from an overseas consulate in 2022, can also seek relief for the alleged breach of his rights.

In a short oral decision on October 7, Justice Kevin Ramcharan dismissed the Attorney General's application to strike out the constitutional reliefs Insp Peter Fraser is seeking.

Fraser, who has been with the Special Branch for 27 years, assumed duty as consul security at the Trinidad and Tobago consulate in Miami in January 2021, but was returned to Trinidad in May 2022 and assigned to the Canine Branch after he reported certain irregularities at the consulate.

Fraser sued the Commissioner of Police, the Prime Minister and the Attorney General. In November 2023, he received Ramcharan’s permission to pursue his case.

However, in an application in April, the AG applied to have the constitutional reliefs Fraser sought struck out. The AG also applied to be removed from the case. Attorneys for the AG argued it was an abuse and should be a last resort.

They also argued that Fraser could receive adequate, alternative reliefs in judicial review if his claim is successful.

However, Ramcharan disagreed. He said not unusual or impermissible in this jurisdiction to seek relief under constitutional law and judicial review in a single claim.

Fraser is seeking 11 declarations against the commissioner and the prime minister for the decision to transfer or recommend the revocation of his instrument of appointment as security consul in Miami.

Apart from asking the court to declare his transfer or the revocation of his appointment illegal, Fraser also wants those orders quashed and a separate declaration that the respondents have acted and continue to act in bad faith.

According to Fraser’s claim, he was targeted in early 2022. His lawsuit alleged matters relating to the general security of the consulate were being dealt with without following established security protocol. This led to his generating a report to the deputy head of the Special Branch.

“This pattern of behaviour continued into February 2022, with security concerns as to what was taking place at the consulate, particularly at a time when the consulate was placed on a heightened security alert arising from an incident which resulted in the death of a Venezuelan infant.”

Fraser’s lawsuit further alleged he was removed from the alarm system, and an “unfounded and totally untrue allegation” made about him. The lawsuit said he “recognised the malicious, defamatory and grossly false allegations as an attempt calculated to smear” his image and reputation.

Still with no access to the security system, he sent e-mails to Trinidad. He also received information about possible irregularities at the consulate.

Reports were sent to the Special Branch. Fraser was then transferred and ordered to return to TT on May 12, 2022 and did so two days later.

This, his lawsuit said, was in breach of his mandatory statutory two-month notice. He was also accused of making “kuchoor.”

The lawsuit said Fraser asked to be heard, but this never took place.

It also contended the transfer was a form of punishment which resulted in significant loss of income and mental anguish.

The loss in his emoluments as a result of his transfer was calculated at $428,820. The lawsuit also said in his 27 years at Special Branch, only one officer was returned for retirement.

He is represented by attorney Lyndon Leu. The Attorney General was represented by Colin Kangaloo, SC, Laura Persad and Natoya Moore Belmar. The commissioner is represented by Rishi Dass, SC, Vanessa Gopaul and Brent James. Kerwyn Garcia, SC, Michelle Benjamin and Ronnelle Hinds represent the Prime Minister.