PORT OF SPAIN, Trinidad (CMC) – A High Court judge Monday said that the decision by Trinidad and Tobago’s Police Service Commission (PSC) to suspend Commissioner of Police, Erla Harewood-Christopher, was lawful, reasonable, and proportionate.
In dismissing the legal challenge to suspend her, Justice Christopher Sieuchand found that the PSC acted within its authority when it suspended Harewood-Christopher on January 31 this year amid a police investigation into the procurement of two sniper rifles for the Strategic Services Agency (SSA).
Harewood-Christopher, whose tenure as top cop comes to an end on May 15, after two previous extensions, had contested the legality of the suspension, but the High Court upheld the PSC’s decision, finding it neither irrational nor illegal.
The judge said that the suspension was urgent and administratively necessary and was not intended to inflict punishment.
Last weekend, Director of Public Prosecution (DPP), Roger Gaspard SC, said there was “no realistic prospect” of Harewood-Christopher being convicted for the offence of misbehaviour in public office “or for any other offence.”
In a four-page statement, Gaspard said, “It would be legally wrong to proceed further” into the charges against the top cop, who was arrested on January 30 and released from police custody two days later after being questioned in connection with the illegal procurement of the high-powered rifles.
The suspension letter issued by the PSC cited the public and institutional interest in the matter and instructed her to cease performing her duties immediately. She was invited to submit representations on its decision. The PSC also notified President Christine Kangaloo and submitted nominations for acting appointments.
But Harewood-Christopher was granted leave to challenge the legality of her suspension on February 5, but she was not successful in getting the judge to keep the office vacant until his ruling. Parliament has since approved the appointment of Junior Benjamin, deputy commissioner of police, to act in the position.
In February, Justice Sieuchand had given the embattled top cop permission to challenge the PSC after her lawyers had sought a judicial review of the PSC’s decision to have her “cease to report for duty and cease to discharge the duties of commissioner of police”.
“The balance of convenience does not favour granting this order and militates against it. Granting this relief would create a vacancy in the constitutional office charged with the overall management and responsibility of the Trinidad and Tobago Police Service,” the judge said, then, after hearing arguments for nearly four hours.
Meanwhile, the PSC has lifted Harewood-Christopher’s suspension.
The PSC’s attorney, Senior Counsel Deborah Peake, said the commission had decided to lift the instruction to the CoP to cease reporting for duty in light of the position of the DPP that there was no prospect of a conviction for the offence of misbehaviour in public office.
Peake said a letter is expected to be sent to Harewood-Christopher on Monday and that she also expects communication to go out to the commissioner and the acting commissioner.
Earlier, Senior Counsel Pamela Elder said the PSC must immediately reinstate her client to active duty after Gaspard’s statement.
During the probe, Elder had complained that the PSC had given the top cop “no particulars” of her alleged misconduct, to which she could respond.