FORMER commissioner of police Gary Griffith convinced the High Court to prevent the Prime Minister and the National Security Council (NSC) from laying any part of a controversial firearm user's licence (FUL) audit report in Parliament.
The audit report, or any part of it, will not make its way into the Parliament or the public domain as there is an injunction in place preventing that from taking place.
However, Justice Devindra Rampersad on Wednesday did not find favour with Griffith's complaint on the powers of the prime minister and his NSC. In fact, the judge said Dr Rowley and the members of his Cabinet, who form the NSC, had the power to appoint the committee to audit and investigate the grant of firearms by the police over the period 2016 to 2021.
Griffith had complained about the legality of the setting up of the committee by Dr Rowley and his NSC to investigate the police’s firearms department licensing regime, its operations, and the issuance of FULs.
The former top cop, who held the post from 2018-2021, said he was concerned that the contents of the report and the process used by the committee – comprising of retired police officers – were irretrievably tainted by bad faith and illegality because the Prime Minister had no power to appoint such a committee, and because of statements Dr Rowley made after Griffith announced the launch of his political party and his decision to reapply to be top cop.
Griffith said he feared publication of the report, or any part of it, would expose him to public ridicule and if laid in Parliament, would protect Rowley and the media by qualified or absolute privilege from defamation claims for damages.
On Wednesday, Rampersad agreed that the contents of the report, as it related to the former commissioner, should only be provided to the current top cop and the Police Service Commission (PSC) for further inquiries.
“Should no such investigation ensue, then the prohibition would be absolute,” the judge said. Griffith should also be given an opportunity to respond, he said.
In a statement, the Attorney General said the "most significant feature" of the ruling was the direction for the report to be handed to the PSC and the top cop.
The AG also said, "The direction of the High Court today to the Commissioner of Police and to the Police Service Commission is a definitive judicial direction that the law must now, therefore, be allowed to take its course."
Last year, Rampersad granted Griffith leave to pursue a judicial review claim against the Prime Minister, the NSC members and the retired cops who formed the audit committee.
He also granted an injunction restraining the prime minister and his ministers from laying the report in the Parliament. The matter was then appealed and the higher court varied the injunction, allowing only those named in the report to get a redacted copy so they could respond in the interest of natural justice.
He granted one of the declarations sought by Griffith that the decision of the Prime Minister to publish the report to othe
