Commissioner of Police Erla Harewood-Christopher will be permitted to challenge the Police Service Commission’s (PSC) authority to suspend her in light of an ongoing investigation into the procurement of sniper rifles for the Strategic Services Agency (SSA), the High Court has ruled.

However, she was unsuccessful in convincing Justice Christopher Sieuchand to keep the office of commissioner vacant until the court ruled on her challenge.

“In my view, the circumstances of this case do not favour the granting of the relief sought by the claimant…She simply seeks a limited order preventing the intended defendant from appointing any nominee approved by Parliament to act as Commissioner of Police.

“In my view, the balance of convenience does not favour the granting of this order and militates against it. Granting this relief would create a vacancy in the constitutional office charged with the overall management and responsibility of the TT police service.

“Allowing such a void to persist cannot, in my view, be justified where the present circumstances are such that our country is plagued with high levels of reported serious crime and we continue under a state of emergency,” Sieuchand said on February 5.

His ruling came less than an hour after the Parliament approved the motion for DCP Junior Benjamin to act as commissioner.

Harewood-Christopher is challenging the PSC's authority to suspend her in view of the investigation into the procurement of sniper rifles SSA.

As part of her application for judicial review, Harewood-Christopher sought an injunction to keep the office of commissioner vacant until the court ruled on her challenge.

“Protect my right to my office which I have lost because of (the PSC’s) irregularities…Justice should not turn its face against me,” contended Senior Counsel Pamela Elder, the embattled commissioner’s lead attorney.

Elder argued that the PSC acted without sufficient material evidence and relied solely on the Deputy Commissioner of Police's (DCP) assertion that Harewood-Christopher had been arrested. She questioned the legal basis for the suspension.

“We want to know what operated in your mind to justify the suspension…You cannot suspend on another person’s suspicion,” Elder argued.

She said there would be no disruption in the police service if the interim relief were granted.

“The PSC constitutionally has the power to exercise disciplinary control over the CoP and DCPs. If you have not instituted disciplinary

action, what is your authority to issue a preventative suspension?” Elder questioned.

She said the PSC could only exercise disciplinary control over the commissioner.

She said the decision to suspend the commissioner was on “dirty, shaky ground.” Elder also maintained that Harewood-Christopher had an arguable case for permission to advance her claim against the PSC.

She also accused the PSC of acting with “shocking speed” to suspend the CoP.

“What was the urgency to suspend? In what way have I misbehaved in public office?” Elder reminded that Harewood-