Ex-ACP sues AG, CoP over abuse of power, victimisation

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Retired Assistant Commissioner of Police Totaram Dookhie has filed a lawsuit against the Commissioner of Police and the Attorney General, alleging victimisation, abuse of power, and constitutional breaches during his tenure with the police service.

He said there were attempts to derail major investigations into government officials and senior police officers.

Dookhie, 63, who served for 41 years before retiring in 2021, claims he was unfairly targeted after leading high-profile investigations, including those involving senior police officers and government officials.

Dookhie’s constitutional claim was filed on March 21 and details the investigations he claimed there were attempts to stymie. It also contends that he was forcibly placed on vacation leave, transferred without cause, and subjected to baseless disciplinary allegations that harmed his career and reputation.

Dookhie alleges that while leading the Professional Standards Bureau (PSB), he pursued investigations into corruption, firearm licensing irregularities, and misconduct within the police service. His lawsuit contends one particular probe led to immediate pushback, including attempts to stall or reassign his cases.

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Dookhie claims he was later pressured, removed from his role, and his investigative files were reassigned.

He also alleges that he was forced to take six months of vacation leave in 2019, which disrupted his investigations, including one against former minister Marlene McDonald. Upon his return, he was reassigned to a position with no resources or staff.

The lawsuit details how, in 2020, police officers arrived at Dookhie’s home and arrested him in front of his family on charges of kidnapping and false imprisonment—charges that were later dropped. He claims this was an orchestrated effort to discredit him and that his arrest caused severe emotional distress to him and his children.

It also complained of a police press release after his arrest which implied he was under investigation for multiple infractions, further damaging his reputation. However, he insists that no criminal or disciplinary charges were formally filed against him before his retirement in 2021.

Dookhie is seeking general, special, and exemplary damages for lost income, pension reductions, legal fees, and medical expenses incurred for post-traumatic stress disorder (PTSD) and depression, which he attributes to his treatment by the police service.

His lawsuit argues that his constitutional rights to protection of the law, due process, and fair treatment were violated. It also claims that his forced retirement at a lower rank resulted in financial losses, and his attempts to secure employment after retirement have been unsuccessful.

In an affidavit, Dookhie said demands were made for him to provide updates on his investigations but maintained his only concern was “to conduct an independent and proper police investigation and act in accordance with the advice of the Director of Public Prosecutions.”

He recorded these encounters in the PSB station diary. In 2019, when he was reassigned from PSB, he said he “felt degraded from heading White-Collar investigations to raiding hotels and guest houses. It was clear that I was being punished … It was demotivating and demoralising, but I nevertheless continued to execute my duties in a professional manner.”

That year, he was instructed to hand over his investigation of a senior government official to another officer.

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“I had invested a lot of time and resources into these matters, and I did not want any of the documents to disappear or go missing.

“I was also concerned that I could be set up and blamed for anything that went missing and this could be used to justify my removal. I simply wanted time to make a proper list and report as part of a professional handing over.

“I also wanted the opportunity to consult the office of the DPP so that I could have an updated note on the file regarding the advice given as I was in fact liaising with and getting guidance and advice from the DPP relative to this ongoing investigation.”

Giving details of the investigation into money laundering and misbehaviour, and said he was forced to hand over his files.

“I was being guided in this investigation by the DPP Mr Gaspard and Mr Edward Jenkins QC.

“The investigation was almost at an end and I had planned to visit the DPP one final time with a view to laying criminal charges, " he said of one of his probes into a senior public official.

“Since this file was taken away from me, an investigation that should have been completed with a final visit to the DPP has simply gone dead. I have not heard anything further about the matter and no charges have been preferred.”

He also detailed another attempt to thwart his investigations.

“I formed the impression that an attempt was being made by someone to manipulate and unduly influence this investigation. The breach in established police protocol and basic common sense was disturbing especially in light of the seriousness of the matter.”

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In December 2019, after being instructed to go on six months’ vacation leave, he said he resisted but was still sent with immediate effect from December 27, 2019.

“I found this entire situation to be strange and contrary to the established practice in the TTPS since there were other members of the TTPS executive who had accumulated more leave than myself at that point, with less onerous investigations/duties who had not been requested to proceed on leave.

“At this point, it is important to note that around the same time, I was unceremoniously stripped of my duties.”

He returned to duty in January 2020, to meet his court deadlines in the case against the late minister Marlene McDonald “determined that the TTPS, and by extension, the prosecution, would not be placed in an embarrassing position by breaching the court's orders or be found in contempt of court.

“This is not unusual as many hardworking, diligent officers who are on leave but have deadlines to comply with based on orders made by the court voluntarily return to work so that they can comply with the court’s orders to avoid compromising the prosecution’s case.”

He attempted to return to the PSB’s offices but was told he would be forcibly removed from the building.

“This was humiliating and degrading. I felt threatened and became fearful. I was shocked that my devotion and dedication to my duty was being met with such punishment.

“I did not give up however and continued my investigations by working on the streets…to comply with the case management directions in the Marlene McDonald investigation.”

He said because of challenges, he was provided an office by the DPP who interceded on his behalf so he could prepare for the case, but officers assigned to work with him were removed. He said he was able to file the necessary evidence days after the court’s deadline elapsed.

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At the end of his leave, in June 2020, he was assigned ACP, Manpower Audit, based in Camp Cumuto.

“It was clear that I was being alienated from the police service…”

Dookhie held the position until going on pre-retirement leave in September 2021.

He further alleged he was forced out of an acting position as Deputy Commissioner after allegations were levelled against him with threats of possibly disciplinary action. These allegations, he said, were “frivolous, without merit.’

Dookhie said for 21 months, there were attempts to prosecute and discredit him.

“I was making genuine and meaningful progress with the aforementioned investigations, however, my efforts were deliberately frustrated and thwarted…

“I do not know what has become of the said investigations since my departure. I have not seen that any charges have been preferred. I do not know if the investigations were ever completed, compromised or remained stagnant. I resisted the pressure and victimisation.

“Despite the fact that I am highly qualified and experienced, and no charges were ever initiated against me.”

His lawsuit says he has faced severe financial and emotional distress and it has also affected his children, destroying his family.

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“I gave my life to building an institution only to be forced out in shame and disgrace because I chose to remain true and faithful to my oath.”

It was only in February 2023, he was able to get his pension. Attorneys Jagdeo Singh, Gerald Ramdeen, Karina Singh, Vashisht Seepersad and Angel Jaggernath represent Dookhie.

Some of the high-profile investigations he led included a 2016 investigation of a minister’s banking transaction; another involving misbehaviour by an MP as well as senior police officers.