A police sergeant, who claimed that he was not required to sit promotional examinations because he had a law degree, has lost his lawsuit against the T&T Police Service .
Delivering a written judgment in the Port-of-Spain High Court yesterday morning, High Court judge Frank Seepersad dismissed a judicial review claim brought by Sgt Francis Chattie.
Seepersad ruled that Chattie had a legitimate expectation that he would have benefited from the exemption as it was contained in a departmental order issued in 2007 and because he was informed by the Police Service in 2009, that he would benefit from it.
However, Seepersad ruled that the policy of the Police Service was subject to change as done in a subsequent departmental order issued in 2010.
“The policy that governs promotion within the Second Division of the Police Service cannot be static and all policies must always be dynamic, flexible, relevant and fair and same should be subject to continuous review so as to meet and address, current and prevailing circumstances,” Seepersad said.
While he ruled that Chattie would have been entitled to the exemption before the second departmental order was published, Seepersad said the change was not detrimental to him.
“No demonstrable prejudice was occasioned to Chattie and it cannot be said that he read for an LLB so as to avoid having to sit any promotional exam,” Seepersad said.
Seepersad also referred to the evidence of acting Police Commissioner Stephen Williams in the case, as he said that the court should be cautious in usurping the functions of decisions makers such as him.
“Police officers are not lawyers and effective policing requires the cultivation of specific skills sets which should include, inter alia, the ability to use science and technology in crime fighting, critical thinking, solution oriented approaches, good interpersonal people skills, an acute sense of customer relations, effective communication skills, proper time management ability and an appreciation of prevailing socio economic factors,” Seepersad said.
Chattie was represented by Anand Ramlogan, SC, Douglas Bailey and Jiyanti Lutchmedial.