Embattled Police Commissioner Erla Harewood-Christopher has been refused an injunction over a decision by the Police Service Commission (PolSC) to recommend that she be temporarily replaced by Deputy Commissioner of Police (DCP) Junior Benjamin while she remains under suspension as part of an ongoing criminal investigation.
High Court Judge Christopher Sieuchand dismissed the application after hearing lengthy submissions from lawyers for Harewood-Christopher and the commission during a virtual hearing this afternoon.
His decision came almost an hour after the House of Representatives debated and approved the commission’s recommendation related to Benjamin.
He ruled that the injunction, which would have left the post vacant while the probe was ongoing, was inappropriate in the circumstances.
“The powers of the Commissioner of Police are there for a reason and someone must be there to discharge it,” he said.
Despite his decision on the injunction, Justice Sieuchand granted her leave to pursue her substantive case over her suspension as he ruled that she had an arguable case with a realistic prospect of success.
Last Thursday, Harewood-Christopher was arrested and detained by investigators led by DCP Suzette Martin.
Her arrest was in relation to a probe into the importation of two sniper rifles intended for the Strategic Services Agency (SSA).
The commission informed Harewood-Christopher of her suspension hours after she was released from custody pending further investigations on Saturday.
Her lawyers led by Senior Counsel Pamela Elder called on the commission to reverse its decision before they filed the case and associated injunction application.
In the judicial review lawsuit, filed earlier today, Harewood-Christopher’s lawyers challenged the legality of the commission’s decision to suspend her.
However, they only sought an injunction in relation to its recommendation to appoint Benjamin and not over her suspension.