CoP’s lawyers head to court over suspension
Written by Jada Loutoo on February 5, 2025
ATTORNEYS for Commissioner of Police Erla Harewood-Christopher were expected to approach the High Court early on February 5 after the Police Service Commission (PSC) declined to rescind her suspension.
Newsday understands apart from the PSC’s acknowledgement of the pre-action protocol letter on January 4, at 11 pm the commission sent a second response to Harewood-Christopher.
Details of the response were not immediately forthcoming.
However, Newsday was reliably informed that an application for judicial review is expected to be filed by 9 am on February 5.
Harewood-Christopher’s attorneys had given the PSC a deadline of 2 pm on February 4 to rescind the commissioner’s suspension.
It is also understood that the PSC asked for further information from Deputy Commissioner of Police (Intelligence and Investigations) Suzette Martin earlier on February 4.
Martin’s team approached the Director of Public Prosecutions Roger Gaspard, SC, that day and were working to gather the additional information before returning later on February 5.
Harewood-Christopher, suspended on January 31, is fighting the PSC’s decision to remove her from duty pending a criminal investigation into the acquisition of two sniper rifles for the Strategic Services Agency (SSA).
Her attorney, Senior Counsel Pamela Elder, called the suspension “shocking, unlawful, and ultra vires,” arguing that it lacks legal justification and violates natural justice.
In a six-page letter to PSC chair Dr Wendell Wallace on February 3, Elder demanded that the PSC immediately rescind the suspension, warning that failure would result in judicial review proceedings.
She contends the PSC acted unfairly by failing to provide specific details of the CoP’s alleged “misbehaviour in public office.”
“It is beyond human comprehension, alarming, and grossly unfair that in the said letter you asked our client to make representations in relation to an allegation devoid of particulars.”
She also noted that Harewood-Christopher had been aware of the police’s investigation since November 27, 2024, but had never obstructed or interfered in the process.
The CoP spent two days in police custody, but was released on February 1 on the instructions of the DPP without charge.
Elder argued that this further weakened the justification for the suspension, saying, “This release without charge leads to the inexorable conclusion that there was no evidence that our client may have committed the offence of misbehaviour in public office, or any other offence.”
In a letter to Harewood-Christopher on January 31, while she was in custody, the PSC said, “In the proper discharge of its duty, in the interest of the police service and the public interest, you must cease to report for duty and cease to discharge the duties of the office of the CoP, with immediate effect, until further notice.”
The commission invited her to submit any representations on the decision within seven days.
Additionally, the PSC wrote to President Christine Kangaloo on January 31, telling her of its decision and submitting nominations for acting appointments to the positions of CoP and Deputy Commissioner of Police (DCP).
Parliament is scheduled to meet on February 5 to debate the PSC’s nomination of DCP Junior Benjamin to act as Commissioner of Police.
Martin also wrote to the Prime Minister on February 1, asking for information on the procurement of the rifles for the SSA.
She asked Dr Rowley, as head of the National Security Council (NSC), if Harewood-Christopher and/or former SSA director retired Major Roger Best notified the NSC about the agency’s intent to procure the rifles. If so, was it approved?
She also asked if Harewood-Christopher informed the NSC she had approved the SSA’s request to procure the rifles through licensed firearm dealer Luke Hadeed, managing director of Aston Enterprises Ltd.
Dr Rowley reportedly said the police wrote to the NSC and National Security Minister Fitzgerald Hinds and answers would be provided.
On January 30, police officers assigned to the office of Deputy Commissioner of Police (Intelligence and Investigations), led by DCP Martin, detained Harewood-Christopher for questioning.
Best was held on January 29 after police executed a warrant at his home in Arima.
He, too, was released on February 1.
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