Erla still on suspension, no action by lawyers

A 2 pm February 4 deadline from attorneys for Commissioner of Police Erla Harewood-Christopher to rescind her suspension has only been met with an acknowledgement from the Police Service Commission (PSC).

Up to the time of publication, her attorneys had not approached the courts.

Newsday was told PSC chairman Dr Wendell Wallace asked for additional information from investigating officers.

Harewood-Christopher, who was suspended on January 31, is fighting the PSC’s decision to remove her from duty pending a criminal investigation into the acquisition of two sniper rifles for the Strategic Services Agency (SSA).

Her attorney, Senior Counsel Pamela Elder, called the suspension "shocking, unlawful, and ultra vires", arguing that it lacks legal justification and violates natural justice.

In a six-page letter to Wallace on February 3, Elder demanded that the PSC immediately rescind the suspension, warning that failure to do so would result in judicial review proceedings.

She contends that the PSC acted unfairly by failing to provide specific details of the alleged "misbehaviour in public office;" not reviewing any actual evidence before making its decision; and acting solely on a statement from Deputy Commissioner of Police Suzette Martin, which stated that Harewood-Christopher had been cautioned, arrested, and identified as a suspect in the SSA probe.

Elder also criticised the PSC’s approach, saying, “It is beyond human comprehension, alarming, and grossly unfair that in the said letter you asked our client to make representations in relation to an allegation devoid of particulars.”

Elder’s letter maintained that Harewood-Christopher was not arrested under a judicial warrant, meaning police would have needed reasonable grounds to suspect her of a crime.

However, the PSC did not indicate whether it had been provided with the name of the arresting officer or the grounds for suspicion.

"Without such material, no impartial, independent, fair, just, and/or lawful decision to suspend could have been made."

Elder maintained that the PSC abdicated its constitutional responsibilities by failing to independently assess any evidence before taking action against Harewood-Christopher.

She also noted that Harewood-Christopher had been aware of the police’s investigation since November 27, 2024 but had never obstructed or interfered in the process.

Harewood-Christopher spent two days in police custody but was released on February 1 on the instructions of Director of Public Prosecutions Roger Gaspard, SC, without charge.

Elder argued that this further weakens the justification for the suspension, saying, “This release without charge leads to the inexorable conclusion that there was no evidence that our client may have committed the offence of misbehaviour in public office, or any other offence.”

In a letter to Harewood-Christopher on January 31, while she was in custody, the PSC’s said, “In the proper discharge of its duty, in the interest of the police service and in the public interest, you must cease to report for duty and cease to discharge the duties of the office of the Commissioner of Police, with immediate effect, until further notice.”

The commission also invited her to submit any representations on the decision within seven days.

Additionally, the PSC wrote to President Christine Kangaloo on January 31, informing her of the decision and submitting nominations for acting appointments to the positions of Commissioner of Police (CoP) and Deputy Commissioner of Police (DCP).

Parliament is scheduled to meet on February 5 to debate the PSC’s nomination of DCP Junior Benjamin to act as Commissioner of Police.

Harewood-Christopher, who was appointed CoP in February 2023, had three and a half months left on her contract at the time of her suspension.

Her service had been extended twice by Cabinet decisions in 2023 and 2024, citing national interest, with her current term set to expire on May 15, 2025.

Harewood-Christopher is also represented by Russell Warner.