TRINIDAD-Court of Appeal dismisses opposition activist challenge to extension of police commissioner’s term.

PORT OF SPAIN, Trinidad, CMC—In a significant development, the Court of Appeal on Wednesday dismissed an appeal filed by an opposition activist challenging the Trinidad and Tobago government’s move to extend Police Commissioner Erla Harewood-Christopher’s term by a year before she attained retirement age last year.

Her appointment sparked a complex legal battle, hinging on constitutional and legal grounds, after she reached the retirement age of 60 on May 15, 2023, and Cabinet extended her term by a year.

In an oral judgment, Justices Prakash Moosai, Mark Mohammed, and James Aboud rejected Ravi Balgobin Maharaj’s appeal after High Court Judge Ricky Rahim dismissed his case in January.

In the lawsuit, Maharaj challenged the Cabinet’s decision to extend Harewood-Christopher’s term by a year under Section 75 of the Police Service Act before she reached retirement age on May 15 last year.

The legislation empowers the President to extend the term of a first division officer due to retire if it is in the national interest. Police officers can receive two further one-year extensions based on annual performance reviews.

Former attorney general Anand Ramlogan, who headed Maharaj’s legal team, had argued that the provision is inconsistent with Section 123 of the Constitution, which gives the Police Service Commission the power to recommend the appointment or removal of the Police Commissioner and Deputy Commissioners of Police (DCPs) to be approved by the House of Representatives.

They argued that the constitutional process sought to ensure that there was no political interference, a crucial aspect in maintaining the integrity and independence of the police force.

In response to the case, lawyers representing the Cabinet relied on an affidavit from Director of Personnel Administration Corey Harrison, who also serves as secretary for the Police Service Commission, in which he noted that the Commission was aware of Harewood-Christopher’s age and the possibility of her receiving an extension when she was first appointed in February, last year, after acting in the post previously.

He also pointed out that similar extensions were afforded to former police commissioners James Philbert and McDonald Jacob.