A High Court judge on Monday ruled that the Police Service Commission’s (PSC) decision to suspend Trinidad’s Commissioner of Police Erla Harewood-Christopher earlier this year was lawful, reasonable, and proportionate—even as the suspension was lifted following a determination by the Director of Public Prosecutions (DPP) that there was no realistic prospect of a criminal conviction.
In a significant ruling, Justice Christopher Sieuchand dismissed the top cop’s legal challenge against her January 31 suspension, stating the PSC acted within its authority as Harewood-Christopher was under investigation for the alleged illegal procurement of two sniper rifles for the Strategic Services Agency (SSA).
The judge emphasized that the suspension was “urgent and administratively necessary,” not punitive, and found no evidence that the PSC’s actions were irrational or unlawful.
Harewood-Christopher, who had received two previous extensions to her term, is scheduled to demit office on May 15. She had contested the legality of her suspension and was granted permission in February to pursue judicial review. However, her attempt to have the position kept vacant during the process was denied, with the judge noting that “the balance of convenience does not favour granting this order.”
Following her suspension, Deputy Commissioner Junior Benjamin was appointed to act in the role, a move approved by Parliament.
The legal landscape shifted dramatically over the weekend when DPP Roger Gaspard SC issued a statement saying there was “no realistic prospect” of a conviction against Harewood-Christopher for misbehaviour in public office or any other offence. Gaspard added, “It would be legally wrong to proceed further.”
Harewood-Christopher was arrested on January 30 and released two days later after being questioned. Her attorneys argued she was never presented with details of the alleged misconduct, a point raised by Senior Counsel Pamela Elder, who maintained that her client should be reinstated immediately following the DPP’s assessment.
Responding to the DPP’s statement, PSC attorney Deborah Peake SC confirmed Monday that the commission would lift the suspension, and a letter notifying Harewood-Christopher of the decision was expected to be sent the same day.
The PSC had previously informed President Christine Kangaloo of the suspension and submitted nominations for acting appointments in the interim.
With the legal dust now settling, it remains to be seen whether Harewood-Christopher will return to active duty before her official departure next week.
