Senior Reporter
derek.achong@guardian.co.tt
A Carenage man has lost his lawsuit against the Chief of Defence Staff (CDS) over a decision to block him from joining the T&T Defence Force (TTDF) as a recruit because he previously failed a polygraph test for the T&T Police Service (TTPS).
Delivering a judgment on Wednesday, High Court Judge Frank Seepersad dismissed the judicial review lawsuit brought by Christopher Stanislaus, of L’Anse Mitan Road, in Carenage.
In his court filings, obtained by Guardian Media, Stanislaus’ lawyers claimed that he responded to the TTDF’s recruitment drive, last year, and was informed in writing that he was selected to undergo basic training for the T&T Regiment.
His lawyers claimed that the day before training was due to commence in early January, he was contacted and told to instead report to the Coast Guard Training Facility, in Chaguaramas.
Stanislaus claimed that when he arrived he was met by a lieutenant, a sergeant, and a private, who told him that the TTDF had received an “adverse report” on him from the T&T Police Service (TTPS) over the failed polygraph test while performing background checks on new recruits
He claimed that he was questioned over whether he had gang affiliations and he responded in the negative.
Based on the recommendation of the sergeant, Stanislaus obtained and submitted a letter from a senior police officer indicating that he (Stanislaus) had a clean criminal record with no pending cases or convictions and a testimonial from his former employer.
However, the decision was not reversed.
In determining the case, Justice Seepersad noted that the TTDF policy of considering whether its prospective recruits previously failed in their attempt to join the TTPS was unwritten.
Stating that he could not understand why the TTDF would abdicate an aspect of its recruitment process to the TTPS without any input, Justice Seepersad said: “Polygraph tests are not foolproof and factors such as nervousness and anxiety may affect the outcome and lead to a failed result.”
Justice Seepersad also stated that the policy was odd and unfair as it did not apply to potential recruits who never applied to join the TTPS and could be applied to tests taken up to six to seven years before.
He suggested that for the policy to be properly applied it should be published in the Defence Force orders or approved by the Defence Council.
“The fact that a failed TTPS polygraph test is to be used to disqualify a potential recruit should not be clothed in secrecy, to be sprung upon potential recruits after they have been selected to undergo basic training,” Justice Seepersad said.
“In addition, the TTDF should have all the relevant information so as to be able to satisfy itself as to the accuracy and parameters of the TTPS polygraph test results inclusive of information as to the possible margins of error,” he added.
Despite finding that the policy was arbitrary, unfair and unreasonable, Justice Seepersad still rejected Stanislaus’ case based on the fact that he failed to disclose that he participated in the TTPS recruitment when he and his fellow recruits were questioned in September, last year.
“He was dishonest and this dishonesty cannot be reasonably reconciled with the strict and rigid suitability criteria which need to be met so as to enable entry into the Defence Force,” Justice Seepersad said.
Justice Seepersad expressed hope that Stanislaus would learn from his experience that “honesty is the best policy.”
“He has a clean criminal record and based on the character endorsements he has received, he has the ability to move forward and make his mark as a productive member of society,” Justice Seepersad said.
Despite dismissing Stanislaus’ case, Justice Seepersad did not order him to pay the TTDF’s legal costs in defending it as he noted that the court had to consider the need to formalise the recruitment policy.
Stanislaus was represented by Arden Williams and Mariah Ramrattan.
