PORT OF SPAIN, Trinidad – Trinidad and Tobago High Court judge, Justice Christopher Sieuchand, has set April 15 as the date for his ruling in the case of Commissioner of Police, Erla Harewood-Christopher in her challenge of the Police Service Commission’s (PSC) decision to suspend her.
Her tenure officially expires on May 15.
Harewood-Christopher is contesting the PSC’s authority to suspend her amid an ongoing investigation into the procurement of sniper rifles for the Strategic Services Agency (SSA).
Senior Counsel Pamela Elder, who is representing Harewood-Christopher, on Thursday objected to aspects of the PSC’s evidence, particularly sections of an affidavit submitted by Corey Harrison, the director of Personnel Administration (DPA).
Elder argued that the sections contained unsupported claims and hearsay and that Harrison’s affidavit referenced factors that were not included in Harewood-Christopher’s suspension letter.
She said that these factors included preserving the dignity and authority of the police commissioner, maintaining the integrity of the investigation, protecting the reputation of the police service during a state of emergency, and serving the public interest.
“The only person who can speak to these considerations is the chairman of the PSC,” Elder told the court.
But Senior Counsel Deborah Peake, the lead attorney for the PSC, countered that Harrison was well within his authority to provide the affidavit.
She told the High Court that it was not legally necessary for PSC chairman, Dr Wendell Wallace, to personally swear to the affidavit, since the DPA is responsible for administrative support to the commission.
Justice Sieuchand has directed both legal teams to file brief submissions on the objections, saying he wanted to be fully satisfied that Harrison’s statements were based on personal knowledge and were communicated to Harewood-Christopher. He also gave directions for the filing of submissions in the substantive case ahead of his ruling on April 15.
On February 5, Harewood-Christopher was permitted to challenge the PSC’s authority to suspend her, the same day that Parliament approved a motion for DCP Junior Benjamin to act as commissioner.
However, the top cop failed in a separate attempt to convince the court to keep the post of commissioner vacant until a ruling was made.
In granting leave, Justice Sieuchand ruled that Harewood-Christopher’s argument that the PSC did not have before it sufficient material upon which it ought to have made the decision, should be ventilated at trial.
Deputy Commissioner of Police (DCP) Suzette Martin, told a news conference then the top cop had been arrested and detained along with the former director of the SSA, Major Roger Best.
Police said that the investigations were triggered by the unlawful procurement of firearms and that charges could include misbehaviour in public office. The police said the investigations are still ongoing.
(CMC)
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