PORT OF SPAIN, Trinidad, CMC – Several former Special Reserve Police (SRP) officers say they are considering filing a contempt of court lawsuit against Police Commissioner, Allister Guevarro, over the failure of the Trinidad and Tobago Police Service (TTPS) to abide by a court order that they should be paid salary arrears after they were absorbed into the TTPS in 2009.
Justice Joan Charles had, in March this year, upheld the officers’ judicial review case and ordered that they be compensated.
However, several of the affected officers have contacted the Trinidad Guardian newspaper, complaining that they have yet to receive their payments despite efforts by their lawyers.
One of the officers, who asked to remain unidentified, told the newspaper that he and his colleagues planned to use every legal avenue, including contempt of court, to ensure they receive their payments.
“It does not give us any pleasure in bringing the TTPS to this. We are part of an organisation that is expected to uphold the law and do the right thing. Yet, the head of the organisation is breaking the law by not complying with the court order,” he said, adding that he and his colleagues are demoralised by the protracted issue.
“It is not something we want to do, but it is the only way to get the justice we need,” he said, hinting that they are considering levying against the TTPS by having a bailiff seize and sell police cars and computer equipment to clear the debt.
He also admitted they considered applying to the court for an enforcement order to freeze the TTPS’ bank accounts, which it uses to pay suppliers.
“That would be of no value to us, but we would be well within our rights. We could freeze the accounts. I think that would shake them up a bit,” he said, noting that while almost 80 former SRPs initially pursued the case, several have since retired.
The officer stated that one of the retirees is at risk of losing his home because he took out a mortgage to pay for it, based on the expectation of receiving the arrears.
In their court filings, the group claimed they were working as full-time SRP drivers when they were absorbed into the TTPS in late 2009. At the time, their salaries were supposed to be adjusted in accordance with the Classification and Compensation Plan for 2005-2007.
A Cabinet note was prepared, allocating TT$10,983,600 (One TT dollar = 0.16 cents) to make retroactive payments to 270 SRPs, including the eventual litigants.
“The allocation of this money, when taken with the Cabinet Note and Minute, meant that the Claimants acquired a legitimate expectation to have the said retroactive payment calculated and paid.
“The Defendant has acted irrationally and/or unreasonably by failing to act on the said representations made by way of the Cabinet Minutes and/or note,” their lawyers have argued.
The newspaper said that when the officers, through their lawyers, sent legal correspondence threatening legal action in 2022, the TTPS Legal Unit claimed the delay in rectifying the issue was due to difficulties in securing worksheets needed to calculate the officers’ salary arrears. When the unit eventually obtained the documents, it claimed that the then-police commissioner required time to consider them.
The officers filed the case after they failed to receive an adequate response by May 2023.
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