Candles and flowers were laid on the pavement opposite the Red House on Abercromby Street, Port of Spain, for Ashanti Riley, Andrea Bharatt and other victims who lost their lives to gender-based violence during a candlelight vigil on February 8. - File photo
ANOTHER ex-member of the Special Operations Response Team (SORT) has been given the green light to pursue a lawsuit over being placed on suspension for over two years owing to a completed investigation into the deaths of two suspects in the murder of Andrea Bharatt.
Andrea Bharatt -
On October 28, Justice Karen Reid allowed PC Vishard Persad to advance his complaint against the Police Commissioner.
Persad is seeking several declarations that the decision to suspend him and not review it was illegal. He has complained that he expected a review of his suspension after the Police Complaints Authority (PCA), in 2021, completed its report into the deaths of murder suspects Andrew Morris and Joel Balcon in custody.
Persad wants the court to order the commissioner to disclose the report used to suspend him. He also wants the court to quash his suspension and compensation for the losses he suffered since January 12, 2022.
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The matter comes up for hearing on December 12.
Persad is the second ex-SORT officer to challenge their suspension when the PCA started an investigation into Morris and Balcon’s deaths.
On October 17, PC Mikhail Gonzales was permitted by Justice Frank Seepersad to challenge his continued suspension.
Persad said he was a member of SORT for the majority of his career. He also said he could not understand why he was suspended.
“I could not understand why it was only members of the Special Operations Response Team that were targeted for this treatment by the commissioner when there were many other agencies of national security and units involved in this particular operation.”
Persad also said every time he has to report to a police station, he is deeply embarrassed since he has never been charged with an offence but is treated like a “common criminal.”
Persad said when he was put on suspension, the PCA had already completed its investigation. In a release in July 2021, the PCA said it had referred its findings to the DPP. It also said its final report on the evidence about the conduct of police officers, SORT officers and defence force officers was sent to the acting commissioner, the Chief of Defence Staff and the National Security Minister.
“I am yet to understand how and why only members of the Special Operations Response Team were singled out from among all of the officers who were involved in this operation to be suspended.
“There were more than 30 law-enforcement officers from all the different units involved in this operation and only certain persons from the Special Operations Response Team were identified to be issued suspension notices.”
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Persad was arrested on April 14, 2021, and said he was traumatised by it.
“I was traumatised by the way I was treated more so because this was the reward that I received for having put my life in harm’s way to seek to rescue an innocent young lady who was brutally abducted and murdered.”
He also said he was told by another constable that the only reason he was arrested was to question him about then-SORT leader Insp Mark Hernandez and his involvement in Morris and Balcon’s deaths.
Persad alleged this was an attempt to coerce him to fabricate evidence.
He recounted the duration of his arrest and also said since his suspension, he has not been told of any action arising out of the PCA’s investigations.
“I have not been informed by the commissioner that any recommendation has been made by the PCA in relation to me whether to invoke disciplinary proceedings or for criminal proceedings to be instituted at the direction of the Director of Public Prosecutions.”
Persad also said he has not seen any allegation against him, has not been given an opportunity to answer to any nor has he been interviewed by the PCA.
Although he was suspended with full pay, he said he has been deprived of several allowances.
“While I have been on suspension for the past two years and ten months, I have witnessed the level of crime and criminal activity increase to an unprecedented level. I am saddened by the fact that the TTPS is without the services of the SORT.
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“I do not wish to continue to be on suspension at this time when my country needs officers like myself and my colleagues to stand against the criminal element and provide a level of protection to the citizens of this country.”
Persad is represented by Gerald Ramdeen, Jagdeo Singh, Dayadai Harripaul and Nerissa Bala.
