(Trinidad Express) It was a win-lose situation for suspended Police Commissioner Erla Harewood-Christopher yesterday afternoon, during a High Court hearing in challenge of her suspension from duties by the Police Service Commission (PolSC).
On one hand, Justice Christopher Sieuchand granted leave to Harewood-Christopher to pursue her claim for judicial review against the commission’s decision to suspend. On the other hand however, the judge refused to grant the interim relief that Harewood-Christopher was asking for.
That relief was that no one else be appointed to take control of the Trinidad and Tobago Police Service (TTPS), even while the investigation against her was ongoing.
For close to four hours, attorneys for Harewood-Christopher led by Pamela Elder, SC, and the PolSC, headed by senior counsel Deborah Peake, made submissions before the judge.
Following the submissions, the judge briefly stood down the hearing to consider the arguments.
Around 4.20 p.m., he returned and made the announcement.
Justice Sieuchand, in delivering his oral ruling made reference to recently concluded appeal between Auditor General Jaiwantie Ramdass against Finance Minister Colm Imbert at the Privy Council.
In that appeal, the British law lords held there was a very low threshold for the granting of leave. Given that ruling, the judge said he was of the view that leave to challenge the decision should in fact be granted.
However, when it came to the interim relief being sought, the judge said there was a need for the TTPS to have a leader at this time, especially given that the country is currently in State of Emergency.
This means that that the decision by Parliament yesterday afternoon to appoint DCP Junior Benjamin as acting Commissioner of Police will stand.
At the end of the hearing, the judge gave the directive for the filing of submissions and replies to attorneys on both sides.
The matter will come up for case management on March 6, nine days before Harewood-Christopher is set to demit office based on her present contract.
