A police officer has been permitted to challenge his continued suspension almost three years ago.

At the time of his suspension in January 2022, PC Mikhail Gonzales was assigned to the now defunct Special Operations Response Team (SORT). His suspension took place around the time of an investigation into the deaths of Andrew Morris and Joel Balcon who were suspected of kidnapping and murdering Andrea Bharatt in 2021.

However, months earlier, the Police Complaints Authority (PCA) had completed an investigation into the matter and no action was taken against him.

Despite this, Gonzales remains on suspension. He was granted leave by Justice Frank Seepersad on October 17, and the matter will come up for case management on November 8.

In his lawsuit, Gonzales said, “I have been on suspension for the past two years and nine months and in all good conscience, I can no longer continue to remain on suspension, as a member of the TTPS, while the citizens of this country face an onslaught by the criminal element that has led to the unprecedented state of criminality and fear throughout my country.”

Gonzales said he was also forced to file the lawsuit after his repeated attempts for reinstatement were denied. He is seeking several declarations including an order to quash the decision to suspend him and compensation.

He said when he received his notice of suspension from then acting commissioner Mc Donald Jacob, it was disheartening and demoralising. It directed him to cease duties, continue to receive full pay, return his kit and report to the senior superintendent in the Eastern Division monthly.

Gonzales said he did so but each time he reported to the station, he said was met with “ridicule and contempt.”

“My situation is unique to the point that I am unable to complete some of title columns of the said register that I am made to sign such as: offence, postponement date, charging officer' for the simple reason that I have never been charged for any offence.”

He also pointed out that at the time of his suspension, the PCA had already completed its investigation and disseminated its findings to the Director of Public Prosecutions.

“I could not understand how I and was singled out from among all of the officers who were involved in this operation (Andrea Bharatt search and rescue) to be suspended.

“There were more than thirty law enforcement officers from all the different units involved in this operation and only certain persons from the Special Operations Response Team were identified to be issued suspension notices without being provided with the basis upon which the notices were issued.

“Examination of the notices will reveal that nowhere in the notice was there identified the factual foundation that led the commissioner to believe that I was in any way involved in the deaths of the two suspects in the kidnapping and murder of this innocent young woman.”

Gonzales said his suspension did not identify an allegation against him.

He also said he has not been told by the PCA of any act on his part in