Editorial
Newsday
THE HIGH Court’s ruling of May 12 affirms the power of the Police Service Commission (PSC) to suspend a top cop in certain circumstances.
While the PSC’s January 31 removal of Erla Harewood-Christopher was justiciable, the court found that the PSC did not misconduct itself. Its action was lawful, reasonable and proportionate amid a criminal probe of the Commissioner of Police.
That probe – including its origins at the Strategic Services Agency (SSA), its conduct by police officers and its dramatic conclusion on May 10 by Director of Public Prosecutions (DPP) Roger Gaspard, that Ms Harewood-Christopher would not face criminal charges – has raised a morass of questions.
But Justice Christopher Sieuchand’s ruling provides, at least momentarily, welcome clarification as it relates to the role in this affair of the PSC, which is the constitutional body entrusted with holding police top brass accountable.
Arriving soon will be further chapters in this troubling saga.
Key facts are yet to emerge. But as it relates to the PSC, the judge has found that it had lawful authority to do as it did. It did not act with inappropriate haste. In fact, it was urgent and necessary for the post of top cop to be insulated given the apparent efforts of officers to untangle allegations revolving around the authorisation of sniper rifles for the SSA.
On the very morning of the judge’s ruling, though, a string of other developments began to unfold in Port of Spain given the DPP’s verdict – relating to Ms Harewood-Christopher’s tenure, that of acting Police Commissioner Junior Benjamin, the cabinet, President’s House and the Parliament.
Yet, for now, the country can breathe a sigh of relief over a definitive determination on the PSC.
Even so, the unwieldy arrangements by which top cops are governed – and the potential for abuse – remain. That is the worrisome backdrop to Ms Harewood-Christopher’s matter, which will not recede with the close of her tenure.
The shock and damage from this imbroglio demand that legislators reform the processes for appointing, surveilling, probing, questioning, arresting, suspending and disciplining top cops.
From top to bottom are new systems needed: directives to use body cameras, for instance, are being flouted by constables.
This scandal first erupted in the twilight of the PNM administration. The UNC now holds a strong parliamentary majority. For the first time in decades, a government can act.
While it did not specifically pledge to address top cop reform, as was proposed by the last government, the ruling party promised a “comprehensive review” of outdated criminal laws. It should enlarge that review.
It should seize the moment and cast its gaze carefully upon all these developments, which it has inherited, with a view to change. Amid a confidence crisis in the police, there is a compelling case to act.
