Ex-SORT officer challenges continued suspension

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Justice Frank Seepersad. -

A police officer has been permitted to challenge his continued suspension almost three years ago.

At the time of his suspension in January 2022, PC Mikhail Gonzales was assigned to the now defunct Special Operations Response Team (SORT). His suspension took place around the time of an investigation into the deaths of Andrew Morris and Joel Balcon who were suspected of kidnapping and murdering Andrea Bharatt in 2021.

However, months earlier, the Police Complaints Authority (PCA) had completed an investigation into the matter and no action was taken against him.

Despite this, Gonzales remains on suspension. He was granted leave by Justice Frank Seepersad on October 17, and the matter will come up for case management on November 8.

In his lawsuit, Gonzales said, “I have been on suspension for the past two years and nine months and in all good conscience, I can no longer continue to remain on suspension, as a member of the TTPS, while the citizens of this country face an onslaught by the criminal element that has led to the unprecedented state of criminality and fear throughout my country.”

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Gonzales said he was also forced to file the lawsuit after his repeated attempts for reinstatement were denied. He is seeking several declarations including an order to quash the decision to suspend him and compensation.

He said when he received his notice of suspension from then acting commissioner Mc Donald Jacob, it was disheartening and demoralising. It directed him to cease duties, continue to receive full pay, return his kit and report to the senior superintendent in the Eastern Division monthly.

Gonzales said he did so but each time he reported to the station, he said was met with “ridicule and contempt.”

“My situation is unique to the point that I am unable to complete some of title columns of the said register that I am made to sign such as: offence, postponement date, charging officer' for the simple reason that I have never been charged for any offence.”

He also pointed out that at the time of his suspension, the PCA had already completed its investigation and disseminated its findings to the Director of Public Prosecutions.

“I could not understand how I and was singled out from among all of the officers who were involved in this operation (Andrea Bharatt search and rescue) to be suspended.

“There were more than thirty 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 without being provided with the basis upon which the notices were issued.

“Examination of the notices will reveal that nowhere in the notice was there identified the factual foundation that led the commissioner to believe that I was in any way involved in the deaths of the two suspects in the kidnapping and murder of this innocent young woman.”

Gonzales said his suspension did not identify an allegation against him.

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He also said he has not been told by the PCA of any act on his part in relation to the death of the suspects.

“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.”

Gonzales said if there is a report on the reason for his suspension, he wants to see it.

“The report of the PCA was available to the Commissioner of Police at the time of issuing the notice of suspension but no reference was made to the findings of the PCA to justify my suspension.

“I have never been interviewed by any member of the PCA relative to their investigation neither have I been interviewed by any member of the TTPS relative to any investigation into the deaths of the suspects in the kidnapping and murder of Andrea Bharatt.”

Gonzales said since the PCA’s investigation has ended, he cannot understand the basis for his continued suspension.

“I have been on suspension since the 12th January, 2022 and to date no disciplinary proceedings have been instituted against me despite the PCA having stated publicly that its final report was disseminated to Commissioner of Police.

“To date the I have not been charged with any criminal offence arising out of the investigation into the deaths of Andrew Morris and Joel Balcon who were suspects in the murdered of Andrea Bharatt.

“I do not wish to continue to be on suspension at this time when our country needs officers like myself to stand against the criminal element and provide a level of protection where the citizens of this country could feel safe.

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“I believe that myself and the other members of the Special Operations Response Team that were suspended were treated unfairly by the actions of the commissioner.”

Gonzales is represented by attorneys Jagdeo Singh, Gerald Ramdeen, Dayadai Harripaul and Nerisa Bala.