POLICE Commissioner Erla Harewood-Christopher has been ordered to reopen the screening process for police recruits so that males shorter than 167 centimetres can apply.
Justice Robin Mohammed made the order on January 8. In a landmark ruling, the judge held that the police service regulation which restricted men below 167 centimetres from applying to the police service was discriminatory.
He said the regulation impugned the rights to equality of treatment by a public body and protection of the law and was not “saved law” preventing it from being challenged. Mohammed also declared regulation 3 (1) (f) was incompatible with the Constitution and granted an order of mandamus for the State to take all steps to exclude that height requirement from the recruitment process.
Regulation 3(1)(f) which deals with recruitment says in the case of a male, a trainee must be of good physique and at least 167 centimetres tall.
In ordering the commissioner to reopen the recruitment process, Mohammed said he was cognisant that the police service was engaged in recruitment at the beginning of the year to fulfil a Cabinet mandate to increase the police force by 1,000 for 2024, a tripling of the normal intake.
The judge’s order will now widen the pool of prospective candidates applying to become police officers.
In his budget speech in October 2023, Finance Minister Colm Imbert spoke of the introduction of 1,000 new recruits for 2024, a move welcomed by the Police Service Social and Welfare Association.
The judge’s orders were made in a ruling in favour of Renaldo Marajh, who wanted to apply to the police service but could not because of his height.
For his distress and inconvenience, Marajh will receive a total of $400,000 to be paid by the State, which also has to pay his legal bills fit for one senior counsel and two junior counsel.
Mohammed’s declaration follows a similar ruling by another judge in October 2023, which declared the police service’s tattoo policy for recruits unconstitutional.
Marajh was represented by Anand Ramlogan, SC, Kent Samlal and Vishaal Siewsaran.
In the claim before Mohammed, Marajh, 31, of Ben Lomond Village, Williamsville, said he was 160 centimetres tall.
In October 2020, he applied to the police service but the Police Academy told him he was not eligible because he did not meet the height requirement, so was “disqualified by law.”
He said the regulation was unfair and discriminatory.
“I am a healthy, fit young man who would like to contribute to and serve my country yet, I am disqualified from doing so on account of my height.
“It was always a dream and ambition of mine to become a police officer to protect and serve the citizens of my country.
“I feel frustrated and distressed when I see police officers who are not physically fit with pot bellies and the like wearing the very uniform that I have been deemed incapable and unworthy of wearing purely on account of my biological and physical features.”
[caption id="attachment_1062488" align="alignnone" width="351"] Renaldo