AN injunction to stop Commissioner of Police Erla Harewood-Christopher permitting the promotion assessment process for the rank of assistant superintendent of police (ASP) will continue.

The temporary injunction Justice Frank Seepersad granted on October 2 to Insp Mark Hernandez, the former head of the police service’s now-defunct Special Operations Response Team (SORT), was extended at a hearing on October 7.

It continues until October 30 or until the court further orders.

Hernandez, who is on suspension pending criminal charges against him, is challenging the promotion process for ASPs, as he contends the procedure being used is contrary to the Police Service Act and Police Service Regulations.

He was permitted to advance his case for declarations that the consultancy recruitment firm used by the commissioner to assess officers appointed people without the appropriate skill, expertise and qualification in policing to the assessment panels, and that the commissioner's irrationally allowing a settled practice to award officers a “universal outstanding grade” was also illegal.

Another officer – Insp Veneta Weaver-Ali – has filed a similar complaint and was permitted to pursue it at the October 7 hearing. A third was expected to file a similar action.

At the hearing, state attorney Coreen Findley sought to have the injunction discharged in the balance of justice and the public’s interest, since the matter affected several officers. She also asked for additional time to put in evidence for the top cop and the Attorney General.

However, Seepersad said he was not minded to discharge the injunction, since the evidence so far raised issues that could point to a fundamental breach of the legislation and regulations.

‘The public’s interests cannot be served if there is a flouting of the legislative requirements that govern the process…

“I am strong in my view that scenario can never be one in the public interest if there is a breach of parliamentary guidelines on how this process should take place. I am not inclined to discharge it until I get an affidavit justifying the process.

“And in fact, it protects the public interest from any arbitrary interference with the statutory mandate as outlined by the Parliament as it relates to the promotion process.”

Hernandez is seeking an order to have the commissioner disclose the qualifications of each member of each panel appointed by Odyssey ConsultInc Ltd; and interviewees' score sheets from each assessor.

He also wants the court to quash the current promotion exercise for ASPs and to compel the commissioner to start over the process under the directives of the Police Service Act and the Police Service Regulations.

Central to Hernandez’s claim is that the three-part process for assessing officers for promotion to the rank of ASP is set out in a written policy and the police service regulations, but these are not being followed.

He said the first component entailed an appraisal system similar to a staff report in the public service, but because of the “