Sloppy policework, absent cops blamed
Shane Superville
Senior Reporter
shane.superville@guardian.co.tt
Within a week, four criminal matters were dismissed or discharged owing to a lack of preparedness on the part of police officers.
The failure of officers to attend court proceedings or general non-compliance with the court’s instructions has been an issue for decades as police have been repeatedly criticised by the public, judicial officers and even their senior officers.
Data from the police Court and Process Branch revealed that in 2019 alone, there were 1,800 cases where police officers failed to attend court.
In one of the most noticeable examples of accused persons walking free from police unpreparedness, Joel Belcon, one of the persons suspected in the rape, kidnapping and murder of 23-year-old law clerk Andrea Bharatt was said to have 70 charges against him for similar offences in 2017.
In a 2021 newspaper report, an attorney who claimed to have represented Belcon reported that more than 30 matters were dismissed against his then-client as the police were never ready and never presented witnesses.
“The persons to be blamed in the matter is not the lawyer, is not the court, the court was advocating aggressively for these matters to start and to deal with him,” the attorney said.
Belcon and Andrew “Solo” Morris were implicated in Bharatt’s death and died while in police custody following their arrests in 2021.
In response, then head of the Court and Process Unit Snr Supt Nazrudeen Pragg recommended that failure to attend court for police officers be raised from a Category B to a Category A offence, making errant police officers liable to suspension or even dismissal.
In May, High Court Judge Justice Frank Seepersad chided police officers who did not appear in court for matters and called for them to be fined. Seepersad suggested that amendments be made to the Criminal Procedure Rules 2023 empowering magistrates to impose sanctions when court directives are not obeyed. He noted that the burden of proof was on the prosecution to prove their case beyond reasonable doubt and proper tracking measures were needed for matters listed for trial.
“If police officers have to pay fines from their pockets when they fail to attend trials, it is likely that non-attendance would become the exception rather than the norm,” Seepersad said.
On Thursday, the Police Complaints Authority (PCA) reported that an investigation would be launched into the collapse of matters. The authority added that they have advised successive Commissioners of Police over the last 13 years on how to treat officers who fail to attend court or follow the court’s instructions.
The PCA is an independent body responsible for investigating matters of police misconduct and abuse. While the Authority cannot charge errant officers, it can compile reports and make recommendations to the Director of Public Prosecutions (DPP) for criminal charges to be laid against an officer.
In situations where officers acted inappropriately but have not committed a criminal offence, the PCA can make recommendations to the Commissioner of Police for disciplinary action to be taken.
The PCA reported that between October 1, 2023, and September 30, 2024, 17 matters were forwarded to the DPP for consideration. In the same period, the PCA forwarded 161 matters to the Commissioner for internal disciplinary proceedings.
However, ensuring that officers attend court and fulfil their responsibilities requires the support of the TTPS leadership.
Cases against police officers discharged (put in box)
On November 18, magistrate Sarah De Silva discharged seven police officers who were accused of extorting a group of Sangre Grande businessmen in 2023. Days later on November 20, De Silva discharged five police officers accused of accepting a $30,000 bribe in Arouca, after the police failed to comply with the court’s instructions for timely preparation of the case.
Also on November 20, Magistrate Kerri Honore-Narine discharged a 21-year-old Belmont man of robbery and assault charges when the police failed to provide witnesses. The man was accused of robbing a St James furniture store in 2023.
On November 21, a Port of Spain magistrate dismissed charges against Shawn Brown who was accused of breaking the Port-of-Spain branch of Standard’s Furniture Store in 2021. The matter was dismissed as the police complainant failed to comply with court directives.
Attorney: Cops not taking cases seriously
Defence attorney Ulric Skerritt felt that police complainants did not approach case management with the necessary seriousness, which resulted in matters being dismissed.
Referring to instances where he saw police officers joining virtual court hearings while they were still in their vehicles and wearing casual clothing, Skerritt said sergeants and inspectors at police stations had a responsibility to ensure that their subordinates did not lapse in their duty.
“If they supervise their officers when they make cases and understand where the case is now, the court prosecutors would decide that they need to come to orderly rooms so they know the status of the matter and where you’re going with it, then this may not happen.
“Unless they take charge, the Inspector and Sergeant of the station and the Court and Process Unit, this will continue to happen,” he said.
Skerritt added that staffing challenges at the office of the DPP could contribute to challenges in case management. The issues first arose in March 2023, when DPP Roger Gaspard, SC, expressed frustration over what he described as “acute and chronic” staff shortages.
Skerritt also referred to issues where the prosecutor in a matter was changed causing delays as the new attorney for the state would have to understand the file and details on the matter.
Contacted for comment, attorney Brian Baig, who represented former accused Shawn Brown in a breaking and entering matter, said repeated calls for disclosure from the prosecution were unsuccessful.
Baig, along with senior attorneys Ian Brooks and Keith Scotland, represented UWI students Nathanael John and Brian Richards following a heated protest at the St Augustine campus’ south gate in 2018. The charges against both defendants were dismissed on July 9, 2020, when Scotland’s no-case submission was upheld.
The case had been delayed several times when police officers failed to appear before the court.
Baig said such unnecessary delays were unfair to persons accused of crimes and placed them at expense, but warned that the failure of police to attend court could incur even greater expense in the long-term.
“They (clients) are left at great expense either by paying attorneys or lost time from their jobs and they are unable to have their names cleared until the matter is dismissed because these persons are brought before the court and act as a defendant.
“When these matters are dealt with in the way that it has been discharged, the persons who will feel it after is the taxpayer because these persons now have a right to sue the State.”
Baig said he agreed with Justice Seepersad’s recommendations for fines to be incurred against wayward officers.
Cops overworked, unprepared for court
Skerritt, a former police officer, said the Professional Standards Bureau (PSB) failed at times to ensure basic evidentiary requirements were met.
He said it was fairly easy for citizens to make allegations of misconduct against police officers due to personal vendettas, but PSB officers must make every attempt to investigate such allegations.
“At the end of the day the officer suffers because the PSB isn’t doing the kind of enquiries they ought to do.,” he said.
“I have found there are times they don’t do what they’re supposed to do because they are quick to say, ‘Look this is an officer, we are doing our work and putting him before the courts’.”
He said there were instances where PSB investigators followed proper protocols and ensured they were properly prepared when charges were laid. This usually happened in cases where officers sought guidance from the DPP on how to proceed with charges.
An officer assigned to the PSB denied that matters were rushed to appease the public. He however admitted that the collapse of recent enquiries involving the 12 officers was unfortunate and there is a need for the current management of the unit to improve their administrative skills.
Referring to recommendations to fine absent police officers, the officer said this was not a new suggestion and there were provisions in legislation that could allow officers to be penalised for failing to follow their duties. He said the challenge in instituting such policies is in enforcing the rules that are already there.
“The failure to do things like attend court or submit case files, these are serious matters that can be reported to the complaints division of the TTPS or even outside the service to the PCA,” he said. “But it’s up to the TTPS leadership to make that work. It’s all about enforcement.”
The officer said another issue which can hamper the attendance of police complainants in court is overwork. While each of the ten police divisions in T&T is equipped with document centres which assist officers in preparing for court, it was not always utilised owing to conflicting schedules with work details and days off.
“Because of the amount of crime in the country a lot of the officers are under strain. I have seen instances where officers are detailed to work on certain days when they should be in court and don’t get the chance to prepare themselves properly for testimony,” the officer said.
He suggested added steps and supervision be introduced to ensure that the PSB investigations are completed thoroughly to ensure maximum chances of conviction.
He warned that failure to do so would not encourage public trust in the ability of the police to weed out corruption within their ranks.
Contacted on Thursday, Minister in the Ministry of National Security Keith Scotland, SC, declined comment as he was unfamiliar with the details. Scotland, who has responsibility for the TTPS as part of his portfolio, said he would review the matter and respond at a later time.
Last week, Commissioner of Police Erla Harewood-Christopher ordered an investigation into the handling of the matters. In the case of extortion, disciplinary action is already underway.
“Disciplinary proceedings have been initiated against three officers in connection with the first case involving seven officers,” said Commissioner Harewood-Christopher. “The inquiry is ongoing and will fully examine any potential breaches of established policies and procedures to determine if there has been any misconduct or negligence.”
“The TTPS recognizes the serious nature of these matters,” the Commissioner continued. “As such, we are committed to ensuring that these issues are addressed in accordance with the full extent of the law.”
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