The February 5 sitting of the Lower House summoned to discuss the debacle involving embattled Commissioner of Police (CoP) Erla Harewood-Christopher and sanction the acting appointment of DCP Junior Benjamin may be unconstitutional, says Barataria/San Juan MP Saddam Hosein.

Speaking at the United National Congress (UNC) Pavement Report in the Fyzabad constituency on February 4, Hosein said before parliamentarians cast a vote, there must be clarity on whether there is a vacancy in the office of the commissioner of police.

He said he detention of the CoP, her release without charge and letter from the Police Service Commission (PSC) ordering her not to report for duty raised very critical issues.

The PSC also sent a copy of the letter to President Christine Kangaloo, telling her the action taken against the CoP had to do with ongoing investigations into misbehaviour in public office.

The investigation surrounds the procurement of high-powered guns.

Hosein told the audience, “The PSC, which is in charge of nominating, selecting and sending the names to the Parliament of the CoP, is the only constitutional authority which can discipline a CoP, suspend or terminate a CoP, according to the Constitution.

“We now have a letter, which was only revealed to us about four days after this entire debacle, dated January 31, 2025 from the PSC to Mrs Harewood-Christopher, regarding her arrest and investigation into misbehaviour in public office.

“The PSC is indicating that it is in receipt of communication dated January 30 from DCP Intelligence and Investigation – all you know who is that? – That is Suzette Martin – stating that on January 30 you were cautioned, informed you are a suspect in an ongoing investigation into misbehaviour in public office and you were then informed you were under arrest.”

He said the contents also said she should cease to report for duty and to discharge the duties of  CoP with immediate effect until further notice.

Hosein pointed out at the time the letter was issued, the CoP was still in custody.

“This letter is critical, because according to industrial law and industrial best-practice relations, this letter neither said Erla has been suspended, it neither said she was terminated, it did not say she should proceed on administrative leave, it did not buy out her contract.

"So is there a vacancy in the office of the CoP?

“This was an opportune moment, a golden moment to get rid of Erla, and they screw it up, they mess it up, because in this letter it does not tell Erla she is suspended, terminated, stay home because you are on administrative leave, that you bought out the contract.

“This begs the question, is there really a vacancy in the office of the CoP?

“We as parliamentarians are summoned to go to the Parliament tomorrow (February 5) to debate the nomination of DCP Benjamin to become the CoP.

“Is the Parliament engaged in an exercise that may in fact be unconstitutional?

"Again, PNM governance style. This is a critical and important matter.”

He called on prime-mi