Police Corporal Joel Barton R No. 16572 v The Commissioner of Police

• Jurisdiction: Trinidad & Tobago
• Court: High Court (Trinidad and Tobago)
• Judge: Rampersad, J.
• Judgment Date: 22 May 2025
• Neutral Citation: TT 2025 HC 151
• Year: 2025
• Docket Number: Suit No.: CV2024-03752

Police Corporal Joel Barton Reg. No. 16572

and

The Commissioner of Police

Rampersad, J.

Suit No.: CV2024-03752

High Court

Appearances:

Claimant: Jagdeo Singh and Gerald Ramdeen together with Nerisa Bala instructed by Dayadai Harripaul.

Defendant: Janique Mitchell instructed by Justay Guerra.

INTRODUCTION

Rampersad, J.

1 The claimant is a Police Corporal in the Trinidad and Tobago Police Service (TTPS) and has been an officer since 3 February 2003. He has been involved in a number of high-profile and high-risk successful operations which included apprehension of escaped prisoners, rescuing kidnapped victims, arresting murder suspects, recovery of stolen vehicles, discovery of illegal firearms and ammunition, discovery of illegal drugs and narcotics and also the uncovering of dangerous human trafficking organisations and their successful disruption.

2 The claimant was served a Notice of Suspension issued under the hand of the then Deputy Commissioner of Police on 11 January 2022 purporting to immediately suspend him from duty. The said Notice recited that the power being exercised was the power conferred upon the officer of the Commissioner of Police under Regulation 152 of the Police Service Regulations.

3 On the

THE FACTS

4 The claimant has been a member of the Trinidad and Tobago Police Service (TTPS) for over 22 years. He was appointed as a member of the former elite Special Operation Response Team, which was called into action in a number of high-profile and high-risk situations which he described as follows:

“8. …. The Special Operations Response Team was called into action in a number of high-profile and high-risk situations where ordinary law enforcement agencies [Words seem to be missing here] the assistance of our specialised unit to address certain sensitive operations that arose from time to time. Among those operations were the apprehension of escaped prisoners, rescuing kidnapped victims, arresting murder suspects, recovery of stolen vehicles, discovery of illegal firearms and ammunition, discovery of illegal drugs and narcotics and also the uncovering of the interests of human trafficking organisations and their successful disruption. Being a member of the Special Operations Response Team of the TTPS allowed me to contribute significantly to the improvement of the service provided by the TTPS to the citizens of this country.”

5 To say that this is a crucial aspect of policing right now in the Republic of Trinidad and Tobago is a gross understatement having regard to the current levels of crime and lawlessness that exists in the local society and which is common knowledge to all informed citizens who face the barrage of reports of crime daily.

6 One of those operations involved a search and rescue operation for Andrea Bharatt, a 22-year-old young woman employed as a court clerk who was reported missing on 29 January 2021.

7 According to the claimant, many different agencies of law enforcement were involved in the search and rescue operation for her including the Anti-Kidnapping Unit, the Army, Special Forces, the Coast Guard, Special Naval Unit and with the Cyber Unit of the TTPS along with the Special Operations Response Team, of which the claimant was a member.

8 Her body was found almost a week later down a precipice in the Heights of Aripo. During the time that she was missing, the court is aware from its personal knowledge gathered from the outcry in the media at the time of the number of national vigils and outpourings of angst and concern from all walks of the community — it would be fair to say that the country collectively mourned when her body was found.

9 During the search for Ms Bharatt, two persons – Andrew Morris and Joel Balcon — were held by the law enforcement personnel and subsequently died in their custody.

10 In February 2021, the Police Complaints Authority (PCA) commenced an investigation into their deaths and, according to the claimant's uncontroverted evidence, that investigation was completed in July 2021 and the report was released to the Director of Public Prosecution (DPP) and was referred to the then Acting Commissioner of Police, the Chief of Defence Force and the Minister of National Security.

11 Section 44 of the PCA Act provides that upon the conclusion of an investigation, the PCA can make an assessment and form an opinion and, based on that, recommend whether the person being investigated should be prosecuted for a criminal offence or invoke disciplinary proceedings. The Act mandates the PCA to inform the police officer concerned of the action taken and the reasons for such action arising out of this investigation. According to the claimant, he was never informed by the PCA of him being the subject of any investigation or of any such action being recommended.

12 By Suspension Notice dated 29 December 2021, more than five months or so after the PCA investigation was completed, the defendant purported to suspend the claimant pursuant to Regulation 152 (1) of the Police Act Chapter 15:01. No specific reason was given for the suspension.

13 It is important to set out the terms of the purported notice to see exactly what was said. The salient portions are as follows:

“Whereas, by virtue of Regulation 152(1) of the Police Act Chapter 15:01, when a report or allegation is received by the Commissioner of Police, from which it appears that a Police Officer may have committed an offence and the Commissioner is of the opinion that the public interest, or the repute of the Police Service requires it, the Commissioner may, in writing direct the officer to cease to report for duty until further notice; an officer so directed shall cease to perform the functions of his office immediately.

And whereas in February 2021, the Police Complaints Authority (PCA) commenced an investigation into the deaths of Andrew Morris and Joel Balcon, who were in police custody.

The items marked with the asterisk on the attached Assessment Form must be completed and returned to my office together with his Divisional Personal File, bearing an up-to-date entry on his inset sheet.

You are to ensure all items of kit and accoutrements issued to him in the execution of his duties, inclusive of his Police Identification Card and Police Badge, are collected and returned to the Quarter Master Stores.

In accordance with Regulation 154 of the Police Service Regulations 2007, No. 16572 Police Corporal Barton is required to report to the Senior Superintendent of Western Division or any First Division Officer designated by him, on the first Wednesday of each month between the hours of 8:00 a.m. and 4:00 p.m. and furnish an address and telephone number where he can be contacted.

All necessary precautions must be instituted to avoid loss of or misplacement of this notice.”

14 Firstly, the proper name for the legislation is not the “Police Act” but, rather, the “Police Service Act”. The actual provision states:

“152. (1) When a report or allegation is received by the Commissioner from which it APPEARS THAT A POLICE OFFICER MAY HAVE COMMITTED AN OFFENCE, and the Commissioner is of the opinion that the public interest or the repute of the Service requires it, THE COMMISSIONER MAY IN WRITING DIRECT THE OFFICER TO CEASE TO REPORT FOR DUTY UNTIL FURTHER NOTICE, and an officer so directed shall cease to perform the functions of his office immediately.

(2) An officer who is directed to cease to perform the duties of his office in accordance with subregulation (1) shall continue to receive full pay until such date as shall be specified in an order made by the Commissioner.”

[Emphasis added]

15 It is remarkable that there was no actual suspension of the claimant by those exact words. The provision, i.e. Regulation 152 (1), specifically provides the formula for the suspension. The prescribed words, or any variation thereof, but with similar intent and meaning, are as quoted and highlighted above. There is nothing in the body of the notice directing the claimant to cease to report for duty. Instead, the notice provides information that the PCA commenced an investigation into the deaths of Andrew Morris and Joel Balcon, but, importantly, fails to identify any offence that the claimant may have committed or how, if at all, he was involved.

16 As a matter of fact, the recital in the notice mentions nothing about the claimant being investigated – whether by the PCA or any other investigator or in any other investigation.

17 This...