A High Court judge has ordered the Police Promotion Advisory Board to consider promoting a police constable after ruling that he was treated unfairly.
Ramdath Phillip, a qualified attorney and police prosecutor attached to the Southern Division, was successful in his judicial review lawsuit challenging the Board’s decision to deny him the maximum 35 points given to officers who possess a law degree.
Delivering judgement in Phillip’s favour in the San Fernando Supreme Court on Friday, Justice Ricky Rahim also ordered the State to pay the legal costs incurred by the officer in filing the action.
Phillip, of Princes Town, joined the Police Service in February 2003, completed his Bachelor’s degree in law with the University of London in 2007.
In October 2010, Phillip was called to the Bar and promoted as a legal officer in the Southern Division. Phillip’s attorneys argued that he should have been exempted from writing any qualifying examinations for promotion within the second division all the way up to the rank of a police inspector.
They submitted that that policy was put into effect by the Commissioner of Police in a Departmental Order in 2007 which advised that police officers who graduated with the LLB degree from an institution recognised by the Accreditation Council of Trinidad and Tobago would be exempted from having to write any further promotion examination and be awarded the maximum 35 points in the category of examination.
However, Phillip was advised via letter in May 2014 that he would not be granted the exemption because he had not applied before the July 29, 2010 deadline.
Phillip complained to the Commissioner that he was not aware of this deadline and was being treated unfairly. He contended that there were no promotion interviews for a very long time and therefore saw no reason to rush his exemption application which was in any event, a simple formality as he had obtained his LLB degree from a recognised university.
Despite this, Phillip sat and passed the relevant promotion examination. Phillip wrote several letters complaining about the unfair treatment and met with several senior people at Police Administration without any resolution to his problem.
In December 2017, Phillip, who was represented by Anand Ramlogan SC leading Chelsea Stewart instructed by Robert Abdool-Mitchell from Freedom Law Chambers, filed for judicial review against the Board’s decision.
The judge mandated the Board to immediately award Phillip the maximum 35 points and consider him for promotion.
Justice Rahim also granted a declaration that the decision not to exempt Phillip from having to write a promotion examination was unfair, irrational and done in breach of the principles of natural justice.
The State was represented by attorney Roshan Ramcharitar instructed by Laura Persad.