A HIGH COURT judge has delivered a stinging rebuke to the Commissioner of Police for a delay of more than two years in deciding on a Tobago businessman’s FUL (firearm user’s licence) application.
On March 25, Justice Frank Seepersad chided Commissioner Erla Harewood-Christopher for her “unreasonably prolonged and procrastinated” decision.
“The delay in this matter has not been explained, cannot be justified and it is unreasonable...The procrastination which has occurred is simply inconsistent with the obligation to prioritise and pursue the need for good and effective administration.
“Statutory functions must be discharged efficiently and effectively,” Seepersad said.
In granting the declaration Pheon Solomon sought on the top cop’s delay, Seepersad ordered her to make a decision in 28 days.
In his claim for judicial review, Solomon said he submitted his application for a FUL in November 2017. He received his provisional licence and his certification of competence, but has been waiting since August 2021 for the FUL.
Meanwhile, his provision licence expired on August 25, 2021.
In defence of the claim, the commissioner said there was a large volume of FUL applications and the police service’s firearms unit also had to deal with other permits, such as firearm user’s employee certificates (FUECs) and firearm import permits.
The commissioner’s defence further said the department was “severely understaffed” and from 2020-2021, the covid19 pandemic imposed challenges which affected the expediency with which provisional and FUL applications – over 25,000 – were processed.
The commissioner also maintained that two audits of the firearms unit, in September 2021 and January 2022, also led to “unanticipated delays,” and relocating files to the Fraud Squad building was also a contributory factor.
But Seepersad said the explanations given by the commissioner were “simply outrageous.”
“Law-abiding citizens in this country are living in fear and the unabated increase in violent crimes which involve the use of illegal firearms cannot be ignored.
“In fact, it appears that those intent on wreaking havoc have a ready arsenal at their disposal while the majority of law-abiding citizens are unarmed and vulnerable.”
He said the CoP had said it was "unfathomable" to expect her to spend her days deciding on FUL applications when she has so many other issues to deal with, "such as the crime rate, gun-related violence as well as the obligation to manage the human and financial resources of the service.”
But he said there was no evidence to suggest additional duties had been added to the top cop’s office.
“The role and functions to be discharged by the holder of this office are clearly defined and settled and those who aspire to hold the position are deemed to be fully cognisant of the said demands.
“It is simply outrageous that a sitting commissioner would elect to adopt a, ‘Well, I have plenty work to do’ stance, in defence of the delay which has transpired in this case."
He said the "allure of high offic
