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A large group of former Special Reserve Police officers (SRPs) are considering bringing contempt of court proceedings against Police Commissioner Allister Guevarro, over the failure of his office to abide by a court order for them to be paid salary arrears after they were absorbed into the T&T Police Service (TTPS) in 2009.
In March, High Court Judge Joan Charles upheld the officers’ judicial review case and ordered that they be compensated.
However, several of the affected officers recently contacted Guardian Media to complain that they are yet to receive their payments despite efforts from them and their lawyers, led by attorney Kiel Taklalsingh, to resolve the issue.
In a brief interview yesterday, one of the officers, who asked to remain unidentified as he is still in active duty, said he and his colleagues planned to use every legal avenue, including contempt of court, to ensure they receive their payments.
“It does not give us any pleasure in bringing the TTPS to this,” he said.
“We are part of an organisation that is expected to uphold the law and do the right thing, yet the head of the organisation is breaking the law by not complying with the court order,” he added.
Stating that he and his colleagues are demoralised by the protracted issue that was only resolved through their litigation, the officer claimed the contempt action is a last resort.
“It is not something we want to do but it is the only way to get the justice we need,” he said.
He said he and his colleagues also considered levying against the TTPS by having a bailiff seize and sell police cars and computer equipment to clear the debt. He also admitted they considered applying to the court for an enforcement order to freeze the TTPS’ bank accounts, which it uses to pay suppliers.
“That would be of no value to us but we would be well within our rights,” he said.
“We could freeze the accounts. I think that would shake them up a bit,” he added.
He claimed while almost 80 former SRPs initially pursued the case, several retired while it was being considered.
He claimed one of the retirees is at risk of losing his home as he took out a mortgage to pay for it based on the expectation of receiving the arrears.
“He was expecting the money but now the bank wants to foreclose on his property,” he said.
He said he and his colleagues were deeply affected by their ongoing legal battle.
“Going to work, knowing that the TTPS owes you this money but is refusing to pay, is taking a toll on a lot of officers, who have served diligently for 25 years plus,” he said.
In their court filings, obtained by Guardian Media, the group claimed they were working as full time SRP drivers when they were absorbed into the TTPS in late 2009.
At the time, their salaries were supposed to be adjusted in accordance with the Classification and Compensation Plan for 2005-2007.
A Cabinet note was prepared allocating $10,983,600 to make retroactive payments to 270 SRPs, including the eventual litigants.
“The allocation of this money, when taken with the Cabinet Note and Minute, meant that the Claimants acquired a legitimate expectation to have the said retroactive payment calculated and paid,” their lawyers said.
“The Defendant has acted irrationally and/or unreasonably by failing to act on the said representations made by way of the Cabinet Minutes and/or note,” they added.
When the officers, through their lawyers, sent legal correspondence threatening legal action in 2022, the TTPS Legal Unit claimed the delay in rectifying the issue was due to difficulties in securing worksheets needed to calculate the officers’ salary arrears. When the unit eventually obtained the documents, it claimed that the then-police commissioner needed time to consider such.
The officers filed the case after they failed to receive an adequate response by May 2023.
In deciding the case, Justice Charles issued a series of declarations over the handling of the issue. She also granted an order compelling the TTPS to make the payments to the officers.
English (US) ·