Ravi Balgobin Maharaj (Appellant) v The Cabinet of The Republic of Trinidad and Tobago and another (Respondents) No 2 (Trinidad and Tobago)
Case ID: JCPC 2024/0049
Jurisdiction: Court of Appeal of the Republic of Trinidad and Tobago
Case summary
Issue
Is section 75(a) of the Police Service Act 2006 unconstitutional in so far as it is inconsistent with the separation of powers and section 123 of the Constitution? Did the President of Trinidad and Tobago exercise their discretion unlawfully under section 75 of the Police Service Act 2006 in acting on the advice of the Cabinet in deciding whether to extend the years of service of the Commissioner?
Facts
On 10 February 2023, Mrs Erla Harewood-Christopher was appointed Commissioner of Police ("COP"). The Police Service Act 2006 requires the COP to retire from the police service once they reach 60 years of age. Mrs Harewood-Christopher turned 60 on 15 May 2023.
The President may extend the COP's years of service for a one-year period for a maximum of two further periods "where he considers it in the national interest". The President issued an Order on 11 May 2023 extending Ms Harewood-Christopher's years of service by one year with effect from 15 May 2023. A year later, the Prime Minister issued a media release on 13 May 2024 confirming that the Cabinet had advised the President to extend Mrs Harewood-Christopher's years of service for a further year to 15 May 2025.
In June 2023, the appellant raised proceedings for judicial review of the Order extending the COP's years of service on the basis that the extension process itself is unconstitutional and that the President unlawfully exercised her discretion. The High Court dismissed that claim and the appellant appealed to the Court of Appeal. On 8 May 2024, the Court of Appeal affirmed the dismissal of the appellant's claim.
Mr Maharaj now appeals to the Judicial Committee of the Privy Council.
Parties
Appellant
Ravi Balgobin Maharaj
Respondent
(1) The Cabinet of Trinidad and Tobago, (2) The Attorney General of Trinidad and Tobago
Appeal
Justices
Lord Hodge, Lord Lloyd-Jones, Lord Hamblen, Lord Stephens, Lady Simler
Hearing start date
3 October 2024
Hearing finish date
3 October 2024
| Watch hearing | ||
|---|---|---|
| 3 October 2024 | Morning session | Afternoon session |