Senior Reporter
derek.achong@guardian.co.tt
Embattled Police Commissioner Erla Harewood-Christopher will have to wait until at least next month to learn the fate of her lawsuit against the Police Service Commission (PolSC) over its decision to suspend her pending the outcome of a criminal probe.
High Court Judge Christopher Sieuchand reserved April 15 to either deliver his judgment in her case or hear oral submissions on its merits while presiding over a virtual case management conference, yesterday.
In setting deadlines for the filing of written submissions, Justice Sieuchand was initially minded to adjourn the case to a date in May, however, he revised the timelines after Harewood-Christopher’s lawyer Pamela Elder, SC, pointed out that her contract is due to come to an end that month.
During the hearing, Elder sought to present evidential objections in relation to an affidavit that was submitted by Director of Personnel Administration Corey Harrison on the PolSC’s behalf.
Elder questioned how Harrison could give evidence over the commission’s considerations when it decided to suspend her when he was not a member.
She also alleged that Harrison’s claims that the decision was to preserve the dignity and authority of the police commissioner, the integrity of the probe and the reputation of the T&T Police Service (TTPS) were not included in the official correspondence initially sent to her client.
“We are objecting because the only people who can speak to these factors are the chairman of the commission and its members,” she said, as she noted that Harrison did not disclose the source of his claims.
Responding to the submissions, Senior Counsel Deborah Peake noted that Harrison was best placed to provide the evidence as his department provides technical and administrative advice and support to the PolSC.
“He is perfectly competent to speak to it. It is relevant to this matter,” Peake said.
She also referred to a legal precedent which does not require the head of an organisation to testify on its behalf in litigation.
After hearing the submissions, Justice Sieuchand advised the parties to file written submissions on the objections which he would consider when deciding the substantive case.
He also suggested that Elder consider providing submissions on the commission changing its reasons instead of seeking to remove the reasons provided by Harrison.
In late January, Harewood-Christopher was arrested and detained by investigators led by Deputy Commissioner of Police (DCP) Suzette Martin.
Her arrest was in relation to a probe into the procurement and importation of two sniper rifles for the Strategic Services Agency (SSA).
The commission informed Harewood-Christopher of her suspension hours after she was released from custody pending further investigations.
Harewood-Christopher filed the lawsuit challenging the legality of her suspension.
She sought an injunction over the commission’s decision to appoint DCP Junior Benjamin to temporarily replace her while she is on suspension.
The injunction was rejected by Justice Sieuchand, who still granted her leave to pursue her substantive case.
“In my view, the balance of convenience does not favour granting this order, in fact, it militates against it,” Justice Sieuchand said.
He said that leaving the post open would be inappropriate.
“Allowing such a void to persist can not in my view be justified when the present circumstances are such that our country is plagued by high levels of reported serious crime and we continue under a State of Emergency,” he said.
“The powers of the Commissioner of Police are there for a reason and someone ought to be entrusted to discharge them,” he added.
Harewood-Christopher was also represented by Russell Warner, and Richard Thomas. Ravi Heffes-Doon appeared alongside Peake for the PolSC.
