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The Hall of Justice. - File photoTHE Police Commissioner is prohibited from relying on two order of merit lists published in two departmental orders, which a High Court judge invalidated after ruling that the appointment of a member of the TTPS' Promotions Advisory Board (PAB) in 2020, breached the Police Service Act.
Justice Christopher Sieuchand ruled that the inclusion of Marsha Youssef to the advisory board for the period October 5 to December 10, 2020, breached Section 80 of the Act. He declared she was not eligible to serve as the Ministry of National Security’s representative on this board.
As such, he also prohibited the commissioner from relying on the order of merit lists issued in Departmental Orders 174 of 2020 and 73 of 2021, which were generated by the improperly-constituted board.
Sieuchand said evidence showed Youssef was appointed under the mistaken belief that the minister of national security had authorised her participation, based on her previous service on the board.
However, the judge noted that doubts about her eligibility arose before November 24, 2020, when then-commissioner Gary Griffith sought ministerial approval for her appointment, after the PAB was already convened and had started interviews.
In April 2021, the ministry indicated Youssef was not eligible to sit on the PAB because she was not an employee of the ministry.
Sieuchand noted that her curriculum vitae reflected no period of employment with the ministry aside from her earlier PAB appointments. He held that her inclusion contravened Section 18 of the Police Service Act, which outlines the composition and eligibility criteria of the PAB.
He said a declaration remained necessary despite Youssef no longer serving, as it would confirm the breach, guide the commissioner’s future use of merit lists produced by any compromised PAB, and reinforce the importance of verifying eligibility before appointments.
The judge rejected arguments that the claimants delayed unreasonably, saying the officer who brought the action only learned of the issues in 2023.
The ruling came out of a lawsuit filed by Sgt Trivelle Petti, assigned to the TTPS human resource branch, who challenged the legality of the 2020 PAB and validity of a merit list, that PAB generated, and which was used to promote second-division officers.
Petti was interviewed in November 2020, but was not among 91 officers promoted when the list was finalised in December of that year.
His lawsuit argued because the representative of the ministry was not properly appointed, the entire PAB was unlawfully constituted and its merit list should not be used, including during later extensions through December 2023.
Affidavit evidence from then-DCP Administration Natasha George explained that Youssef was appointed to the 2020 PAB, under the assumption that she remained a ministry employee, as she had been in that role in the 2015-2016 cycle.
George said the PAB was convened by Griffith on October 2, 2020, partly to comply with an earlier High Court order, which set deadlines for the interviewing and promotion of officers to the rank of inspector.
George said the TTPS sought retroactive approval for Youssef on November 24, 2020, but promotions proceeded before a response was received. The ministry ultimately denied the request in April 2021.
Attorneys for the Police Commissioner and PAB argued that the board acted under a misapprehension of Youssef’s eligibility and that Section 36 of the Interpretation Act preserved the validity of its actions.
They also said the claim was filed years after the original departmental orders and should have included a request for an extension of time.
Sieuchand ruled that the PAB’s composition breached statutory requirements and that the declarations sought would assist in ensuring compliance and preventing future irregularities.
Petti was represented by Kiel Taklalsingh, Stefan Ramkissoon, Kavita Moonasar and Keron Ramkhalawan. Michael Quamina, SC, Anthony Bullock, Janien Joseph and Candace Alexander represented the PAB and the commissioner.
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