A flawed disciplinary system within the Police Service has resulted in suspended police officers being paid salaries for years while they await disciplinary action. In 2014, 28 officers were charged with criminal offences. Acting Commissioner Stephen Williams recently announced that since 2011, over 60 police officers had been charged with criminal offences, including rape and murder. These officers, though suspended, sometimes continue receiving their salaries for years.
President of the Police Social and Welfare Association Insp Anand Ramesar, in an interview yesterday, said the current disciplinary process was not working. In some cases, he said, a disciplinary tribunal only fined officers accused of crimes a few days’ pay. Ramesar added: “The challenge is that there are people on suspension for several years, receiving salaries, with no prospect of them being dealt with by the tribunal.
“I know of some cases where the tribunal took over two years to meet and dismissed the matter, citing an abuse of process because of the delay. “What is needed is a recalibration of the process and an injection of capable human resources into the tribunal committees, as well as more administrative clout for the Commissioner of Police.” The Police Service has repeatedly said it was continuing its plan to filter out “rogue officers.”
A rogue officer, as defined by Williams, is one who has committed crimes, has been involved in corruption or misbehaved in public office. In a telephone interview last week, Williams said the process of removing them was active, as police officers were being prosecuted in court on a weekly basis. “We have been treating it as a priority matter. They are being investigated and prosecuted,” he added.
He said, however, that officers did not undergo disciplinary action unless they were convicted of a crime, and during his tenure so far, no officer had been dismissed, despite being charged with serious crimes.
Different views on process
But Williams’ position was disputed by attorney Ulric Skerritt, who has represented about 15 officers at police tribunals this year. Skerritt said while in the past the service waited until court matters were completed to initiate tribunals, that was not the present process and tribunals were completely independent of court cases. While many of the officers have been charged, very few have been convicted, as many cases are still going on.
One Special Reserve officer was fined $5,000 in March after being convicted of assaulting a 73-year-old pensioner in south Trinidad. Skerritt said: “Sometimes the tribunals take place after the officer is charged, but before the court matter ends, and the decision taken at the tribunal is not affected by what happens in court. “The court is of no consequence to the tribunal and I have seen it happen several times where the tribunal takes place before the court matter has ended.
“At the end of the day, if the officer is found guilty at the tribunal and receives disciplinary action, they would have to make their appeal with the Police Service Commission.” Williams said a two-part process was initiated when officers are charged. “First they are suspended and then they are interdicted.” Interdiction, he explained, meant that when an officer was charged a determination was made in terms of salary.
“Then,” he said, “once the officer is convicted, disciplinary action is taken in terms of dismissing them from the organisation.” But Williams said he had not dismissed anyone. “The power of dismissal is only exercisable where a tribunal determines that the penalty that it can impose is not sufficient for a disciplinary offence and refers the matter to the commissioner to impose a more severe penalty.
“I have not received any such referral since I have been acting as commissioner,” he added. Williams said the service had been making continuous progress against rogue police and he recently ensured that 30 individuals who had admitted to committing illegal acts had been barred from entering the service.
Recent incidents
In September, a sergeant was charged with having sex with a minor, a 15-year-old girl. In another incident in September, four officers — a sergeant, a corporal and two constables — were charged with stealing over $600,000 from a Chinese couple.
Last month three Southern Division officers were charged with robbery, kidnapping, assault, drug possession and misbehaving in public office.
Griffith concerned
\n the absence of a chairman of both the Police Complaints Authority (PCA) and the Police Service Commission (PSC), National Security Minister Gary Griffith said last week he had some concerns about the removal of rogue officers but had confidence in Williams. The PCA, which up until recently was led by attorney Gillian Lucky, is also investigating 19 of 26 killings involving police officers that took place this year.