High Court quashes promotion process for ASPs

Over 100 police inspectors hoping for promotion to the rank of ASP (Assistant Superintendent of Police) will have to wait a little longer, as the High Court has quashed the current exercise, ordering a restart of the process.

On February 18, High Court judge Frank Seepersad delivered his decision in a lawsuit which challenged the promotion process for assistant superintendents of police.

Insp Mark Hernandez filed a judicial review claim which questioned the compliance and fairness of the performance appraisal and promotion process.

Seepersad ruled the process adopted was irrational, unreasonable and illegal. He refused to grant a stay of his order, because the breaches were “so fundamental and egregious."

The judge strongly criticised the usurping of the statutory process.

Hernandez’s lawsuit disputes the procedural integrity of the promotion assessment. It also questions the process’s fairness, transparency and adherence to police service regulations.

He contends the process failed to follow proper guidelines and deprived qualified officers of fair advancement opportunities.

In his lawsuit, Hernandez also contends all officers eligible for promotion to the rank of ASP, from what he has been told, receive an “outstanding” grade on their performance appraisals.

There was an injunction preventing the commissioner from continuing the promotion process for some 169 inspectors to the rank of ASP.