Close to two weeks after 93 police officers wrote to the Police Service Commission (PolSC) calling on it to rein in Police Commissioner Erla Harewood-Christopher, 122 officers have threatened to sue her, over her handling of the promotions of over 800 officers.
The lawsuit is the latest episode in the ongoing saga over the promotions of 893 police constables to corporals. The officers are represented by attorneys Jagdeo Singh, Keston Lewis, Karina Singh, Jasmyn Sargeant and Leon Kalicharan.
In response to the attorneys, the PolSC said it will table a discussion on whether to discipline the top cop at the next sitting of its executive, scheduled for February 8.
In their pre-action protocol letter, the attorneys called on the Police Commissioner to cease from doing anything regarding the promotion of officers until their concerns are addressed.
This comes as 34 police officers were promoted last week, after acting DCP Ramnarine Samaroo said at the end of an internal investigation, it was found that 29 officers were promoted erroneously due to a “glitch” in the process.
Samaroo said the executive was seeking advice on how to address the promoted officers who benefitted from the glitch. He said after the matter was resolved, a new merit list was produced correcting the errors from the first one and identifying those promoted wrongfully and those who need to be promoted.
Regarding the glitch, the attorneys said they wanted a complete account for when it was detected, the root cause, the corrective measures taken to prevent further glitches, the diagnostic measures used to verify the issue and those involved in composing the merit list of officers to be promoted.
“We further consider that such purported corrective action is misplaced and the movement of officers without any explanation or justification for such movement is a patent and fatal breach of our clients’ rights and entitlement and by extension, all participants of the promotion process,” the attorneys said.
“The clear failure to adopt a logical and legitimate process following the discovery of the tainted merit list can only be perceived as irrational, unreasonable, an abuse of one’s constitutional power and ultimately a sinister attempt to conceal the illegitimate actions of those involved in the promotion process.”
In their letter, the attorneys said some officers were already contacted and notified of the possibility of being stripped of their promotion. The lawyers demanded a reason for this decision and the merit lists, along with the comparative points for each officer on the merit list.
The attorneys said some of their clients were penalised for taking sick leave associated with pregnancies, in contravention of the Maternity Act.
One of their clients was not promoted because he was on injury leave, in a disregard of industrial relations policies.
“There is also the inconsistent application of those on vacation leave and pre-retirement leave, who received promotion without qualification or corresponding requirement to report on duty. This is the epitome of what is arbitrary and irrational. Certainly, no policy exists, nor can any written policy be taken to have such interpretation and application,” the attorneys wrote.
Another client was penalised for indiscipline but the attorneys noted that he was not under any disciplinary charges for the period he was assessed for—2020 to 2023.
“Our clients have certainly been impacted by the longstanding failure to convene the PAB pursuant to section 19(1) for over a decade, however, at present, the failure to adopt a procedurally fair and sound process producing timely and accurate assessments is now at the forefront for urgent attention.”
The pre-action protocol letter came even as the T&T Police Social and Welfare Association president, Insp Gideon Dickson, at a media conference yesterday, said the issue was negatively impacting the officers’ morale.
Referring to the critical role the association played in providing independent observers for the interview panels to ensure transparency and accountability in the process, Dickson said he was taken aback after it was revealed there had been inconsistencies in the process.
Saying the officer were not responsible for the mishap, he said, “Our information now at this point in time is that 29 persons who weren’t supposed to be promoted, got promoted; whilst 34 persons in the first instance who were supposed to be promoted, did not get promoted.”
He warned, “When morale is impacted, it signals efforts by those who you would want to be the boots on the ground could be compromised.
“And when that is compromised, it means safety and security becomes compromised. And when that occurs, it means that the members of the public are not getting the value that they deserve, but it is not fault of the officers who would have done what is required and present themselves in the process.”
Noting senior officers made a blunder, he said “No amount of smooth talk would be able to remedy that.”
He urged those in authority, “to do the honourable, transparent, reasonable and practical thing in terms of restoring trust and confidence in the system.”
