Senior Reporter
derek.achong@guardian.co.tt
A High Court Judge has refused to lift an injunction blocking Police Commissioner Erla Harewood-Christopher from continuing the promotion assessment process for the rank of Assistant Superintendent of Police (ASP).
Last Friday, Justice Frank Seepersad granted the injunction to Inspector Mark Hernandez after he filed a lawsuit alleging that the ongoing promotion exercise breached the Police Service Act and Regulations.
When Hernandez’s case came up for a virtual hearing, yesterday morning, attorney Coreen Findley, who led the legal team for Harewood-Christopher and the Office of the Attorney General requested that the injunction be discharged.
She claimed that Hernandez’s lawsuit was not in the public’s interest.
“This matter affects a lot of other people and the integrity of the process,” she said.
Justice Seepersad disagreed as he noted that Hernandez had raised serious and pertinent issues related to the exercise.
“The public interest cannot be served if there is a flouting of the proper process,” he said.
During the hearing, Hernandez’s lawyer Gerald Ramdeen noted that his client’s colleague Inspector Veneta Weaver-Ali, who also participated in the promotion exercise, had filed a similar case and that another colleague was expected to do the same later this week.
Justice Seepersad granted Weaver-Ali leave to pursue the case but warned that all three should not be allowed to pursue separate litigation as such would incur significant legal costs.
Summarising the officers’ complaints, Ramdeen claimed that they had evidence that colleagues who had not received performance appraisals were allowed to sit the promotional examination and be interviewed.
“That is the first hurdle you must cross before you can even be considered for promotion,” Ramdeen said.
He also claimed that they were able to identify one colleague who did not attain the required 50 per cent in the examination stage but was still interviewed.
Ramdeen also pointed out that none of the other officers, who participated in the process but did not bring legal action, were not severely affected by the injunction.
“There is no prejudice to the other parties,” he said.
Justice Seepersad eventually adjourned the case to October 30 to give Findley time to file evidence and submissions on her application against the injunction.
Hernandez was the head of the now-defunct Special Operations Response Team (SORT), which was established under the tenure of former police commissioner Gary Griffith.
However, he has been on suspension since May 2021 when he was charged with misbehaviour in public office concerning an investigation into the treatment of the suspects held for the abduction and murder of Andrea Bharatt including two, who died while in police custody.
There is no legal impediment for officers to be promoted while they have pending criminal cases.
While Hernandez’s lawyers are complaining that colleagues without performance appraisals were allowed to participate in the promotion exercise, they are also challenging how the appraisals are done.
They claimed that Hernandez and other officers received blanket “outstanding” ratings without their performance being critically assessed.
They suggested that the “universal mark procedure” was contrary to the T&T Police Service (TTPS) merit-based system of promotion policy.
“Nothing is done pursuant to the policy. What happens is the supervising officer gives a mark of outstanding...Because of the systemic failure to implement the policy, everyone gets the same mark,” Ramdeen said in Hernandez’s court filings.
Hernandez is also being represented by Jagdeo Singh and Dayadai Harripaul.
Weaver-Ali is being represented by Singh, Karina Singh, Keston Lewis, Savitri Samaroo, and Vashisht Seepersad.
Akeenie Murray and Kadine Matthew are appearing alongside Findley for Harewood-Christopher and the AG’s Office.
