Senior Reporter
derek.achong@guardian.co.tt
Acting Strategic Services Agency (SSA) director retired Brigadier General Anthony Phillips-Spencer has been given a month to decide whether a former employee, who was among staff terminated in a major shake-up in the organisation in March, should receive his remaining benefits under his contract.
On Monday, attorneys Arden Williams and Don Marie Adolphe sent a pre-action protocol letter to Phillips-Spencer threatening legal action unless their client David Benjamin is paid for the full remuneration that he would have received had his three-year contract not been terminated on March 23.
Benjamin’s lawyers estimated the total separation package he should have received, including 14 months’ salary, at $427,024.97.
“His demand is an undertaking to meet this obligation,” Adolphe said.
Benjamin’s lawyers claimed that he was hired as an investigator on May 13, 2022, under the tenure of former SSA director Major Roger Best.
They pointed out that in correspondence informing Benjamin of his termination, the SSA claimed that the decision was made because the position he held was either abolished or no longer relevant.
They also suggested that their client was told that the Tactical Response Team/Special Response Team, of which he was a member, did not exist within the SSA’s organisational structure.
They noted that there were no allegations that he breached his contract or engaged in misconduct.
“Though you had the authority to recruit/contract my client, your office made a material misrepresentation of fact which induced him to contract,” Adolphe said.
“What is deeply concerning is that your office must have known whether it had the authority to comply and contract with my client,” she added.
Phillips-Spencer was given 28 days in which to meet Benjamin’s demands before he filed his lawsuit.
In early March, Prime Minister Dr Keith Rowley announced that Phillips-Spencer had been recalled from his post as ambassador to the United States to replace Best, who was placed on administrative leave.
The Prime Minister stated that the change was due to a national security threat that was reported to the National Security Council which he chairs.
Best was eventually terminated on May 18, while he and three others were being questioned by the police in relation to the alleged illegal transfer of weapons.
Several days later, self-professed spy, Ian Ezekiel Brown, who serves as the pastor of a church; former Special Operations Response Team (SORT) member Sgt Sherwin Waldron; and former SSA security supervisor Portell Griffith were slapped with multiple misbehaviour in public office charges related to the alleged transfer and illegal possession of firearms and ammunition.
Best was not charged alongside them.
Later in March, Guardian Media reported, exclusively, that 12 Strategic Services Agency employees were fired as the probe into the agency’s operations continued.
Speaking recently on the issue, the Prime Minister noted that the Government acted decisively after being “blindsided” by the debacle.
“We expect that we will rectify it and return the agency to its purpose,” he had said.