Cop threatens legal action over piercings, praying with ‘small flame’

Police Commissioner Allister Guevarro during a media briefing at Police Administration Building, Port of Spain on July 18. - File photo by Angelo Marcelle

A police constable has signalled his intention to take legal action against the police service, claiming his constitutional rights were breached after disciplinary measures were taken against him for wearing clear plastic studs to work and performing a religious prayer ritual with a “small flame.”

His attorneys are calling on the Police Commissioner, Allister Guevarro, to withdraw the disciplinary warning notices and stop any further disciplinary action.

The nine-page letter addressed to the Police Commissioner and the Attorney General, John Jeremie, is dated August 4. It was signed by attorney Vishan Michael Gopaul-Gosine. Gopaul-Gosine, together with attorneys Michael Rooplal and Gisanne Ramjit, is representing the policeman.

The letter alleges violations of the policeman’s constitutional rights and procedural injustices in initiating disciplinary action against him.

The letter recounts that last month the policeman went on two days’ leave during which he had his nose and left ear pierced.

On returning to duty at a police station in the Northern Division on July 17, he wore clear transparent studs to allow his piercings to heal fully.

However, on July 21, an SRP “questioned” the piercing and reported it to a senior officer.

That same day, a senior officer instructed a corporal to document the matter in the station diary and serve the officer with disciplinary warning notices.

According to the letter, the constable was subjected to a meeting with another senior officer at a different station, where he was reportedly shouted at and met with demeaning, disrespectful and discriminatory remarks.

He was met with questions about the current state of the police service, including: “What is this world coming to now? What is this police service coming to now?"

In another meeting with a senior officer, he was ordered to remove the plastic nose stud and earring and to return to duty.

In removing the nose stud, the policeman reportedly suffered nosebleeds as the piercing was still fresh.

Afterward, the officer wore a facemask to cover his nose and delayed removing his earring due to pain.

On returning to work, a sergeant informed him that he would not be posted until all piercings were removed.

The letter details the constable’s claim that, owing to the “stressful circumstances and demands”, he went outside the station where he used a “small flame to say his prayers.”

By nightfall, he was served with three disciplinary warning notices: two relating to the piercings and the third on the use of small fire.

The constable was instructed to report off duty, go home, and wait for a call. He asked to retrieve some personal belongings and to use the washroom, but was denied and escorted off the compound.

On July 28, two police social workers contacted him to arrange a meeting before he could return to work.

At the meeting, they allegedly told him that they needed to speak with a senior officer, after which they would talk to him.

To date, the officer has received no further information from the social workers, and he has not been allowed to return to work.

The attorneys argue that their client’s constitutional right to freedom of expression, as well as his right to freedom of conscience and religious belief and observance, were breached.

If the matter is not resolved amicably within 28 days, the attorneys said they will initiate legal proceedings in the High Court.