00:00The court was called to rule on the matter of Roger Reed v. the Commissioner of Police and the Attainee
00:06General of Trinidad and Tobago.
00:08Reed, a former member of the Trinidad and Tobago Police Service, argued there was unreasonable delay in retroactively promoting him
00:16to the rank of sergeant and paying him outstanding allowances.
00:20He also claimed his constitutional rights under Section 4B and 4D, equality before the law and equality of treatment had
00:29been breached.
00:30However, evidence before the court showed that Reed was retroactively promoted with effect from June 20, 2017.
00:38Justice Frank C. Passard ruled, quote,
00:40The claimant has obtained in practical terms all of the remedies he required and his insistence on this continued litigation
00:48serves no useful purpose, end quote.
00:51The judge emphasized that the court should not expend limited judicial resources on matters that are no longer live controversies.
01:00C. Passard made it clear, quote,
01:02This court cannot operate as a debating club and where academic issues arise, they should only be addressed when they
01:10are characterized by exceptional circumstances, end quote.
01:13Justice C. Passard found the declaratory relief sought was theoretically and plainly academic, adding that no tangible purpose would be
01:23served by granting it.
01:24On the issue of damages, the judge ruled, quote,
01:27No practical purpose would be served by an award of damages, and any such award would in fact constitute improper
01:34and unjustified exercise of the court's discretion, end quote.
01:38The constitutional aspect of the claim was also dismissed.
01:42Relying on Privy Council authorities, the judge warned that constitutional motions must not be misused as substitutes for ordinary judicial
01:51review proceedings.
01:53But while dismissing the case, Justice C. Passard used the opportunity to address a broader issue of national importance,
01:59the promotion of police officers who face pending criminal charges.
02:03Reed had been charged with misbehavior in public office, a matter still before the courts when he was retroactively promoted.
02:11The judge carefully balanced two principles, saying, quote,
02:14At one end stands the foundational principle, which is the presumption of innocence.
02:20At the other end stands a different but equally vital principle, namely public trust, end quote.
02:26He underscored that police officers are not ordinary public servants, saying, quote,
02:31They represent the moral authority of the state, and against such backdrop, promotion to higher rank ought not be viewed
02:39as a reward, but as an expansion of trust, end quote.
02:44The judge warned, the real danger is the level of institutional signaling, which results when the public sees an officer
02:52rise in rank while under the cloud of a criminal charge for misbehavior in public office.
02:58The judge was particularly pointed about one thing, saying, quote,
03:02In policing, legitimacy is the operational currency, and without it, intelligence dries up, corporation declines, witnesses hesitate, and communities withdraw,
03:13end quote.
03:14Justice C. Passard noted that trust in the police service is already strained and cautioned, that decisions made by leadership
03:20now carry amplified meaning.
03:22He added that authority is always instructional, and it teaches by what it tolerates and by what it elevates.
03:31While reaffirming that a charge is not a conviction, the judge suggested that serious consideration be given to restricting promotions
03:39while criminal matters are unresolved.
03:42He said Parliament may wish to urgently consider legislative prohibitions preventing the promotion of officers facing criminal charges.
03:50Ultimately, however, the court found no breach of Reid's constitutional rights and dismissed the claim in its entirety.
03:57Arvashita Wari, Rukhnerain, TV6 News.
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