Police recruit wants CoP sent to prison for contempt

A contempt application has been filed against the Commissioner of Police for failing to allow a police recruit to take her oath so she could be sworn in as an officer and continue her training. It seeks to have the commissioner committed to prison for the breach.

The application was filed on October 24 by attorneys for Aviel Williams. The docketed judge, Justice Joan Charles, has set a hearing of the application for October 28.

On October 18, Charles permitted Williams to pursue her challenge for several declarations after she was not allowed to take her oath and was removed from training without a reason.

The judge had also stayed the decision to remove Williams from the list of recruits until her lawsuit was determined which would have allowed her to be sworn in as a police officer and continue her training from October 21.

However, the court’s order was not complied with prompting Williams’ attorneys to file the breach of order application against the commissioner.

Williams is seeking a declaration that the commissioner and the Attorney General are in contempt of the judge’s order.

Williams’ application further seeks an order to enforce the court’s directions relative to the stay and permitting Williams to be sworn in as a police officer. In the alternative, the court has been asked to stay all training at the Police Academy, preventing anyone from taking the oath.

The application said the court’s order was served on the police service’s legal department on October 18, when the order was made. Williams’ attorneys also spoke with the head of the unit who acknowledged receipt of the order, the application said.

On October 21, Williams hand-delivered the order, which carried a penal clause, to the Police Academy. She returned to the academy every day since and waited all day for information or instructions.

“No one has informed me of the date in which I will be sworn in, nor when I will be re-commencing with training.

“I have sat in the mess hall every day since Thursday, October 17, 2024, awaiting instructions on my issue which has never been forthcoming. I have also, since receiving the order of the court, sat in the mess hall and seen my batch continuing with their training and thus advancing ahead of me.

“I have not yet been let into the training nor allowed to take the oath,” Williams said in support of the application.

“As at today, October 24, 2024, the applicant has not taken the oath; has not rejoined training and has not received any communication from anyone on when this will occur.”

A certificate of urgency, filed in support of the contempt application, said if the court did not intervene, “the damage is likely to be irreparable.”

In her lawsuit, Williams contends her removal from the list of trainees who were to be sworn in as police officers on October 14 was unlawful, contravened her constitutional rights, and was unreasonable, irrational and unfair.

She said she was not told why she was removed from the line of trainees, not allowed to take her oath but was directed to “leave the Academy” and “proceed on leave.”

Williams said she applied to the police service in 2019 and completed the written, polygraph, and psychological examinations as well as the drug test, agility test, medical examination and background investigation.

On July 5, she was interviewed and told to attend an orientation session to receive her first contract. She began inducting training and continued the recruitment process, completing the various modules.

On October 11, she completed the physical and defensive tactics examinations and was told that trainees who were successful in both the academic and police skills portion of the training would be sworn in on October 14.

However, during a briefing that day, she was told to report to the faculty office at the Police Academy and was not allowed to take the oath. She said all she was told was that she would not be sworn in as there was an issue with her file which was by the commissioner for review. She was then told to change out of uniform and proceed on “administrative” leave.

In her lawsuit, she explained that “being sworn in establishes you as a police officer within the TT Police Service.

“You are then considered to be a constable.

“It is a common misconception that this occurs at the passing-out ceremony. However, before that time, a trainee takes an oath of office swearing to serve Trinidad and Tobago in the office of a police officer,” Williams said in her lawsuit.

She also added, “I am a single parent of an eight-year-old …the longer I remain in abeyance, I will be delayed in becoming a police officer.” She is represented by attorneys Arden Williams and Mariah Ramrattan.