KEVON FELMINE
Senior Reporter
kevon.felmine@guardian.co.tt
Tobago House of Assembly (THA) Deputy Chief Secretary Dr Faith B Yisrael is challenging Commissioner of Police Erla Harewood-Christopher and Justice of the Peace Jameel Watch in civil court over last July’s search of her home as they investigated allegations that THA members engaged in a conspiracy to defraud the State.
In an application for Judicial Review filed by attorney Adanna Joseph-Wallace of Renaissance Chambers on Thursday, B Yisrael is challenging the search warrant dated July 15 carried out by WPC Weaver-Ali two days later at her home in Belle Garden, Tobago.
It comes as the Police Service refused her request to terminate the warrant and disclosed the oath Weaver-Ali swore to obtain the warrant from Watch.
B Yisrael, the THA Secretary for Health, Wellness and Social Protection, contests Watch’s grant of the warrant in the absence of fact or law by which it would have been reasonable for him to exercise his statutory authority to grant the warrant.
The application recalled that B Yisrael awoke at 5.35 am on July 17, 2023, to police officers banging heavily on her front door. Three officers presented the warrant and requested access to her home. She took a picture of the warrant while the officer held it up against a wall outside her door before allowing them to search.
The conspiracy disclosed by the warrant was that the assembly hired B Yisrael from November 2021 to the present and paid state funds to carry out alleged propaganda machinery.
However, Joseph-Wallace argued there is no contract of employment specified in the THA Act between assemblymen and the assembly. She said the Salaries Review Commission determines salaries and other remuneration of assemblymen.
She noted the infamous audio recording that surfaced around May 2023, which suggested a discussion to hire people to carry out a propaganda campaign. Various social media profiles expressed the view that the campaign included B Yisrael. An organisational chart began circulating on social media listing those purportedly involved in the propaganda campaign, including other Progressive Democratic Patriots members and opponents of the People’s National Movement.
The application also details THA Chief Secretary Farley Augustine’s address at a special plenary sitting of the assembly on July 19 2023, concerning the audio recording and warrants issued by the Police Service (TTPS), including audiovisual recordings of alleged whistle-blower Akil Abdullah.
Augustine mentioned he met Abduallah on July 7 and 12, 2023. On both occasions, Abdullah made startling claims, which he first dismissed.
“The Chief Secretary indicated that on seeing the warrants and production orders, Abdullah’s claims gained some credibility. The Chief Secretary shared audiovisual recordings in the address and stated that he had no confidence that the TTPS would investigate the matter otherwise.”
Against Harewood-Christopher, B Yisrael seeks a declaration that the warrant was unlawful, arbitrary, unnecessary, disproportionate, and invalid in law. She also wants a declaration that Harewood-Christopher’s refusal to terminate the warrant after receiving further evidence of the defects in the information underlying their investigation and that her refusal to disclose Weaver-Ali’s oath was unlawful, arbitrary, unnecessary and disproportionate as it denied her constitutional rights. Against Watch, B Yisrael wants a declaration that he issued the warrant in contravention of his function and duties as a Justice of the Peace charged with the responsibility of issuing warrants and that the warrant was issued based on defective information and there were no reasonable grounds existing to issue the warrant.
B Yisrael wants an order of certiorari to quash the warrant, an order of mandamus directing Harewood-Christopher to disclose Weaver-Ali’s oath and permission to read and rely upon the affidavit to support the application for leave to apply for judicial review. She also seeks damages, leave for Harewood-Christopher and Watch to file and serve affidavits in response within 28 days, costs, liberty and other orders, directions or writs as the courts consider appropriate.
The suit is similar to ongoing criminal and civil claims surrounding warrants issued under Weaver-Ali, including Kevon Mc Kenna v The Attorney General, Hackett v Commissioner of Police, Jameel Watch and the Attorney General. The proceedings are consolidated before Justice Kevin Ramcharan as they contain similar issues of law and fa