Derek Achong
United National Congress (UNC) activist Marsha Walker has lost her interpretation lawsuit over whether the Police Commission’s approval is required for one-man silent protest action.
Delivering a judgment earlier this month, High Court Judge Joan Charles dismissed Walker’s lawsuit and ordered her to pay the State’s legal costs for defending the lawsuit.
Justice Charles’ decision in the case was based on lawyers for the Office of the Police Commissioner and the Attorney General’s Office not challenging Walker’s claim that such protest action does not require approval under the Summary Offences Act.
“The plain and ordinary meaning of the words makes it clear that a “one-man” protest does not engage the permission requirements of Section 109 or Sections 112 to 115 of the Act. There is nothing to interpret,” Justice Charles said.
Justice Charles also noted that the constitutionality of requiring permission for public marches had already been decided by local courts and the United Kingdom-based Privy Council.
“The issues raised by the Claimant do not meet the threshold requirements of a genuine disputable issue of general public importance,” Justice Charles said.
Walker filed the claim after she allegedly attempted to engage in individual protest action outside the Red House in Port-of-Spain on three occasions between July and November 2021 and was stopped by police officers due to a lack of approval from the Police Commissioner’s Office.
After the third time, Walker wrote to the commissioner’s office seeking clarification on the official policy.
The T&T Police Service (TTPS)’s Head of Legal Services Anya Ramute-Mohan responded and claimed that approval was required for a “one-man peaceful protest.”
In deciding the case, Justice Charles noted that the legislation only deals with public marches and meetings that involve more than one person.
“There is no doubt that an individual’s ability to host/organise a public meeting or march is subject to the requirements of the Act and the powers granted therein to the Commissioner of Police,” Justice Charles said.
“However, this does not apply automatically to “protest” activities, especially to one-man silent protests,” she added.
Walker was represented by Anand Ramlogan, SC, Renuka Rambhajan, Jared Jagroo, Natasha Bisram, and Vishaal Siewsaran.
Rishi Dass, Karissa Singh, and Ryan Grant represented the commissioner’s office, while Fyard Hosein, SC, Amirah Rahaman, Avaria Niles, and Jekilyah Gibson represented the AG’s Office.
