SUSPENDED Police Commissioner Erla Harewood-Christopher will have to wait a little longer to see if she was successful in her challenge of the Police Service Commission’s (PSC) authority to suspend her in light of an ongoing investigation into the procurement of sniper rifles for the Strategic Services Agency (SSA).
High Court judge Christopher Sieuchand was expected to deliver his ruling on April 15. It has since been deferred. A notice from the judge’s team advised that the decision is now expected to be delivered to the parties by e-mail in due course.
Harewood-Christopher was granted leave to challenge the legality of her suspension on February 5; however, she failed to convince the judge to keep the office vacant until his ruling. On the same day, Parliament approved the motion for DCP Junior Benjamin to act as commissioner.
Harewood-Christopher's tenure officially ends on May 15, after two previous extensions in 2023 and 2024, in the national interest.
She was arrested on January 30, 2024, and suspended the next day. She and ex-Strategic Services Agency (SSA) director, retired Major Roger Best, were released on February 1, on advice from Director of Public Prosecutions Roger Gaspard, SC, pending further inquiries.
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In its letter to Harewood-Christopher on January 31, the PSC said, “In the proper discharge of its duty, in the interest of the police service and the public interest, you must cease to report for duty and cease to discharge the duties of the office of the Commissioner of Police, with immediate effect, until further notice.”
The commission also invited her to submit any representations on the decision within seven days.
Additionally, the PSC wrote to President Christine Kangaloo on January 31, informing her of the suspension and submitted nominations for acting appointments to the positions of Commissioner of Police (CoP) and Deputy Commissioner of Police (DCP).
In a pre-action letter, Harewood-Christopher’s attorney, Pamela Elder, SC, said the suspension was "shocking, unlawful, and ultra vires." She said it lacked legal justification and violated natural justice.
“It is beyond human comprehension, alarming, and grossly unfair that…you asked our client to make representations to an allegation devoid of particulars.”
At the leave hearing in February, Elder argued that the PSC acted without sufficient material evidence and relied solely on an assertion by the police that Harewood-Christopher was arrested. She questioned the legal basis for the suspension.
She said the decision to suspend the commissioner was on “dirty, shaky ground.” She also accused the PSC of acting with “shocking speed” to suspend her.
Deborah Peake, SC, representing the PSC, rejected Elder’s argument, maintaining that the commission had the constitutional power to suspend a commissioner when there was sufficient suspicion of misconduct.
"The PSC does not need to prove guilt, but it must be satisfied that an offence may have been committed," Peake stated.
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Peake dismissed claims that the suspension was politically motivated or procedurally flawed, arguing that it was necessary to protect the integrity of the police service and public trust.
Peake insisted the PSC had to act swiftly to protect the integrity of the office.
Harewood-Christopher was appointed CoP in February 2023, and had three and a half months left on her contract at the time of her suspension.
Harewood-Christopher is also represented by Russell Warner. Ravi Heffes-Doon also appears for the PSC.
