Senior Reporter
derek.achong@guardian.co.tt
A High Court Judge has invalidated a police merit list for sergeants (Sgts) seeking promotion to the rank of Inspector that was produced by the Promotions Advisory Board (PAB) in 2020.
Justice Christopher Sieuchand took the action yesterday, as he upheld a lawsuit from Sgt Trivelle Petti, who challenged the composition of the board at the time he and his colleagues were interviewed and assessed for promotion.
Petti, who is assigned to the T&T Police Service (TTPS) human resource branch, filed the case after 91 colleagues were promoted based on the list that was generated in December 2020 and extended after it expired a year later.
He sought to rely on correspondence from the Office of the Police Commissioner, which he obtained in 2023, that stated that a member of the board, Marsha Youssef, was not authorised to act on behalf of the Ministry of National Security (MNS) at the time.
Under the Police Service Act, the PAB assists in the promotion process for second division officers by interviewing candidates after written examinations and producing the merit list of successful candidates to be promoted by the Police Commissioner.
The five-member board is chaired by a Deputy Commissioner of Police (DCP) and includes an Assistant Commissioner of Police (ACP), the Director Human Resources of the TTPS, an independent management consultant appointed by the commissioner, and a senior officer of the minister, who is not a police officer and is selected by the minister.
In determining the case, Justice Sieuchand noted that the TTPS sought clarification over Youssef’s eligibility to represent the ministry, based on her previous appointments to the board, after the board was already constituted and began the recruitment process.
He noted that when the ministry responded to the enquiry in April 2021, it indicated that she was not eligible as she is not a member of its staff.
Justice Sieuchand pointed out that the evidence before him including Youssef’s curriculum vitae raised questions over her previous appointments.
“She may never have been an employee of the ministry as no such experience is recorded in her CV apart from her prior appointments to the PAB as representative of the MNS,” he said.
Justice Sieuchand also rejected complaints that Petti’s case should not have been considered as it was filed outside the statutory limit for doing so.
He noted that Petti could have only initiated the litigation after he discovered the correspondence questioning Youssef’s appointment.
Justice Sieuchand issued a declaration over Youssef’s appointment and issued an order preventing the merit list that was compiled with her involvement from being further utilised.
Petti was represented by Kiel Taklalsingh, Keron Ramkhalwhan, and Rhea Khan, while Senior Counsel Michael Quamina led the legal team for the TTPS and the PAB.
