The decision by the Police Service Commission to suspend Erla Harewood-Christopher pending the outcome of an investigation into her was not a wrongful action by the Police Service according to a high court ruling this morning.
Mark Bassant explains in this report compiled by Rickie Ramdass.
00:00There was no wrong committed by the Police Service Commission to suspend Police Commissioner Erla Hewitt-Christopher after she was arrested on allegations of misbehaving public office in January.
00:11The ruling was made by Justice Christopher Siu-Chan at the Port of Spring High Court this morning.
00:16Justice Siu-Chan said the suspension may very well have been in the best interest since it would have removed any speculation or suspicion that she may have used her office to influence the outcome of the investigation.
00:30In February, Hewitt-Christopher had a team of attorneys led by Pamela Elder, Senior Counsel, file a claim for judicial review against the Police Service Commission over its decision to suspend her pending the outcome of the investigation of a misbehaving in public office.
00:46But in this ruling delivered this morning, Justice Siu-Chan said the claim had to be dismissed given that the Police Service, in his view, acted in good faith and only placed Hewitt-Christopher on his suspension to protect the integrity of the investigation.
01:03Open quote, the defendant, the Police Service Commission, was justified in suspending the claimant, Hewitt-Christopher, with full pay and perks pending further inquiries given the seriousness of the allegations against her.
01:16The fact that at the time she was under arrest, and the fact that the claimant as Commission of Police, retaining official records pertaining to the procurement of two high-powered sniper rifles, ammunition and accessories, wielding significant power that could have been used to influence the outcome of the investigation,
01:34I am of the view it was in the public's best interest that the claimant be temporarily suspended without notice to avoid any such risk. In fact, it may have been in the claimant's interest as well to avoid any suspicion that she may so influence the outcome of the investigation, close quote.
01:53He added that it was not unusual in this jurisdiction, or when it came to proper industrial relations, that an employer had the power to suspend any employee pending the completion of investigations against them when a case of serious misconduct is involved and the employee's absence from the workplace is advised.
02:12While it is not in dispute that the commission had the power to suspend Hewitt-Christopher, Justice Huchan said the main question he had to determine was whether it was justified in doing so.
02:25To arrive at his decision, the judge said he had to consider a number of questions.
02:30Those questions were, open quote,
02:32Is there a possibility the employee may commit further similar acts or conduct if he is in a lower position than the employee?
02:56And is there a possibility the employee may commit further similar acts or conduct if he or she is not suspended, close quote.
03:05He noted that at the time of the suspension on January 31st, the same day Hewitt-Christopher was arrested at her office at the Police Administration Building, Port of Spain, lead investigator DCP Susette Martin had provided the Police Service Commission with preliminary information pertaining to the procurement of the items by the commissioner
03:24that was intended to end up in the hands of the strategic services agency or SSA, open quote,
03:30The allegation that the claimant, while performing the duties as commissioner of police, misbehaved in public office by assisting the former director of the SSA in the unlawful procurement of arms, ammunition and accessories without reasonable excuse or justification as required by law is a serious one, close quote, said the judge.
03:50He added that even though the police service commission had limited information, it was necessary that it makes its decision on an urgent basis, open quote,
04:00The defendant was satisfied that the investigation that was being guided by the director of public prosecutions was not frivolous or vexatious and permitting the claimant to return to office during the investigation was likely to compromise or pay to compromise the integrity of the investigation, particularly having regard to the commission of police's duty, close quote.
04:22I consider these circumstances to be indicative of the defendant's good faith attempts to keep the suspension decision under active review, an approach which I consider in the circumstances of this case to be reasonable, rational and proportionate, the judge added.
04:41Justice Huchun said the suspension decision was obviously not one intended to inflict punishment.
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