Police commission yet to act as probe widens – DCP Martin clears out office

DARREN BAHAW and JADA LOUTOO

THE DECISION of Police Commissioner Allister Guevarro, in one of his first acts in office, to initiate an investigation against Suzette Martin, the Deputy Commissioner of Police in charge of Intelligence and Investigations, has triggered a chilling effect against those officers who investigate public officials, corrupt police officers and the super-rich.

Officers who work with Martin, a fearless investigator who once headed the Professional Standards Bureau and served as a senior homicide officer, say they are demoralised by the CoP's decision on June 23 as it shows the head of the service "does not have their backs in times of need."

Sources said Martin in anticipation of such a decision by the commission reported to her office at Police Administration Building on June 28, to close urgent outstanding matters and has prepared correspondence to that effect to submit to the CoP and other members of the executive on June 30.

Newsday understands Guevarro has informed the Police Service Commission, chaired by Dr Wendell Wallace, a criminologist and former police officer, of his decision to initiate a probe against Martin, before he made a public announcement on June 23. The commission has the power to suspend Martin from active duty or send her on leave to preserve the integrity of the investigation.

If she is suspended, Parliament already has the nomination submitted by the President to debate the commission's recommendation of ACP Wayne Mystar to act as deputy commissioner. The nomination was laid on the Order Paper on June 13, alongside the nomination of Guevarro, but was not debated.

It is open for Parliament to approve Mystar's nomination to fill any existing vacancy for acting DCP Intelligence and Investigations.

Wallace in a brief telephone interview on June 28 said he was unable to "proffer any comment" on the matter. Pressed on whether the commission had received a report from the CoP or whether the commission intended to suspend Martin from duty pending the probe, Wallace repeated, "At this point in time I am unable to proffer a comment on that."

The police association, which seeks the interest of officers, has so far been silent on the CoP's decision.

Officers close to Martin claim ACP Curt Simon, who has been tasked to investigate the complaint made by gun dealer Brent Thomas, previously investigated a similar complaint arising of the claims made by Thomas and found no evidence to support any police misconduct.

Questions sent via WhatsApp on June 27 to Simon asking whether he had previously investigated the same matter and found insufficient evidence to support any offence against the officers who were part of Martin's investigative team, whether the new complaint made by Thomas on June 18 differs significantly from the previous complaint, and whether he had disclosed the outcome of the similar complaint to the CoP, were not acknowledged.

However, a senior officer, speaking on the condition of anonymity on June 28, said while Simon had investigated a complaint surrounding the matters raised by Thomas before, the new complaint is significantly different. Attempts to get details or a copy of the June 18 complaint made by Thomas to the CoP have been unsuccessful. Guevarro assumed office on June 18.

While the senior officer agreed that it was in the public's interest to identify the terms of the current investigation, he said, "it is a delicate matter which is currently being investigated and should (Simon) comment it will not be prudent given it is an active investigation.

"I know the public wants transparency and accountability but we must exercise caution in doing so...it leaves the person being investigated room to impugn improper conduct during the investigation or by the investigator."

Martin’s dangerous driving charge

Mystar had investigated a complaint of dangerous driving against Martin which led to a charge on the eve of the expiration of the six-month period to do so.

That charge was subsequently discontinued by DPP Roger Gaspard on December 17, 2024 on the basis that the evidence was "extremely tenuous." Mystar had previously recommended no charge against Martin but the Office of the DPP had given the green light to charge her.

On April 18, 2023, Martin, driving an unmarked police vehicle, allegedly struck a 14-year-old student crossing the Priority Bus Route in San Juan. The boy, who was on his way to school, was hit near the Croisee and suffered fractures to his feet.

It has been acknowledged by some officers close to Martin that the CoP's decision to begin the probe has been applauded by officers of varying ranks, including members of the executive.

Martin was in charge of the investigative team that led to the January 30 arrest of former CoP Erla Harewood-Christopher at her office on suspicion of the illegal procurement of two sniper rifles for the Strategic Services Agency (SSA).

Harewood-Christopher’s arrest, which Guevarro has described "as one of the darkest days of the police service," had sent shockwaves and led to animosity against Martin and her team.

Even though Gaspard, on May 10, found insufficient evidence to support any offence against Harewood-Christopher, many officers condemned Martin’s actions as they said the matter should have been handled more professionally and have shunned her and her team. Harewood-Christopher demitted office on May 15, after the government bought out her 66 days leave. She was not allowed to sit the in CoP's chair after being cleared.

Harewood-Christopher had been aware of the investigation since June 2024 and refused to co-operate with investigators to provide information about the import permit authorising the procurement of the sniper rifles, which led investigators with no other option but to arrest the former commissioner, said an officer familiar with the investigation.

To make matters worse, a senior officer who was on the investigative team with Martin had to be removed, after it was discovered that he influenced an important police witness, assigned to the Firearm Permit Unit, to not sign a supporting statement. Another senior officer assigned to the unit refused to co-operate with investigators, police said.

Former director of the SSA retired major Roger Best who had been arrested for the same alleged offence was also let off the hook.

The case against Brent Thomas

Gun dealer Brent Thomas, the owner of Specialist Shooters Training Centre, who had a long professional relationship with the police service, defence force and other law enforcement agencies in providing weapons and training, became the centre of a criminal investigation arising of an audit report by retired Justice of Appeal Stanley John in 2022.

Former prime minister Dr Keith Rowley had complained that under former CoP Gary Griffith there was a serious problem with the granting of legal guns and ammunition and gun dealers. John's report alleged there was a "thriving, well oiled, white collar criminal enterprise" in the granting of gun licences under Griffith's tenure August 2018-August 2021.

Thomas became the focus of a criminal investigation arising out of that probe and police executed seven search warrants at his home and business where police claimed over 100 grenades, automatic rifles, pistols, ammunition and firearm parts were found between July 30 and December 12, 2022.

Investigators said they could not determine the customer who ordered the grenades and noted the possession of automatic weapons was restricted to the police, defence force and director of the Forensic Science Centre, as prescribed by the Firearms Act.

Thomas was charged with seven offences – three offences of being in possession of prohibited weapons and four offences of possession of explosives – and granted $800,000 bail.

In October 2022, Thomas left TT and was arrested by the Barbados Police Force after liaising with local police investigators.

His arrest was described by the High Court as an “abduction” and a UK lawyer hired by the state in the appeal conceded the police action was "unlawful." One of his lawyers in the High Court was Devesh Maharaj, now the Justice Minister.

The Appeal Court has reserved its decision in the matter.

Committed to transparency

Allegations in this matter suggest Martin may have crossed legal boundaries in her dealings with Thomas. While the details of the conduct are yet to be publicly disclosed, Guevarro on January 23 confirmed the firearms dealer "felt it was bordering on criminal conduct," though he cautioned that jettisoned statements and improper interpretation are entirely possible. An official report, he said, was promptly sent to the PSC, and the police will secure legal advice from the Director of Public Prosecutions once the investigation concludes.

Guevarro said the matter was already in the public domain and emphasised the need for transparency and accountability in the way it is handled.

“What I can say is that the allegation itself is one where the firearms dealer would have indicated that certain acts were carried out against him, and he felt it was bordering on criminal conduct. I will not want to pronounce on what that criminal conduct is, as an investigation is underway.”

Guevarro said the TTPS was committed to transparency.

“We are a transparent organisation. We believe in integrity and accountability, and that is why we are coming forward to you today,” he said. “We are not hiding behind anything. Our hands are clean and we are open to the scrutiny of the public and the media.”

Guevarro acknowledged that recent controversies may have affected public trust in the service, but said the press conference was “one of the first steps” in rebuilding confidence.

“We are well aware of our duties and responsibilities with regards to the social contract,” he said. “We are here and we stand firm in our resolve to continue to protect and service you.”

Simon echoed these sentiments, acknowledging that developments at the executive level have caused concern among officers, but emphasised the service’s resilience.

“We are a police service that does have resolve. We are very resilient, and the men and women of the TTPS always tend to bounce back,” he said.

Simon said that the investigative team is composed of seasoned officers and will receive full operational support.

“We have not yet identified any particular timelines in which the investigation would be completed...We do expect, though, that we will move with alacrity.”

High Court ruling

In his scathing April 2023 ruling, Justice Devindra Rampersad permanently stayed criminal charges against Thomas and condemned the police for unlawful and oppressive actions that led to Thomas’s arrest and the disruption of his business.

Thomas was first arrested in September 2022 and later forcibly returned from Barbados while en route to the US for medical care. Rampersad ruled that the police, particularly ASP Birch, Martin and Cpl Joefield, acted without proper legal authority in arresting Thomas and seizing items from his home and business. He described their conduct as a deliberate attempt to “pummel and humiliate” Thomas through repeated warrants, a September arrest, and an October "abduction" in Barbados.

Rampersad found that the search warrants were unlawfully obtained, and the weapons seized were legally permitted, with valid documentation from successive police commissioners.

He ruled that the actions of the police violated Thomas’s constitutional rights and amounted to harassment. His decision was scathing. He criticised Martin’s participation in the Barbados arrest, and described the episode as a co-ordinated operation executed “under the pretence of police legitimacy.”

Police acted unlawfully

Rampersad’s ruling was appealed by the state, which conceded that the officers acted illegally.

In submissions, the state’s legal team claimed that the officers’ unlawful actions were based on a legitimate belief that Thomas was seeking to flee the country while under investigation.

“They (the police) acted wrongly, but they did not act maliciously,” Peter Knox, KC, who led the state’s team, told Justices of Appeal Prakash Moosai, Charmaine Pemberton and Mira Dean-Armorer.

The appeal against Rampersad’s ruling is ongoing. At the appeal, while the Attorney General’s office argued that the police acted on genuine concerns, Thomas’s attorney, Fyard Hosein, SC, countered that his client should not be prosecuted for weapons he was licensed to hold and had provided to the state for years.

In August 2022, the police executed a series of search warrants on Thomas. He was initially detained by local police officers on September 29 but was released several days later after High Court judge Avason Quinlan-Williams upheld a lawsuit over the inability of the police to justify his continued detention

The next day, Thomas travelled to Barbados to visit his specialist doctor. On October 5, he was arrested by heavily armed Barbados police in his hotel room. Thomas was briefly detained before being transported to the Grantley Adams International Airport, where he was handed over to ASP Birch and another officer, who had previously executed some of the search warrants on his business and home.

According to the evidence at the civil trial before Rampersad, Birch received information from Martin that Thomas was in Barbados with the intention to go to Greece. Birch’s evidence was that he, Martin and Joefield boarded a plane, with the head of the Transnational Organised Crime Unit (TOCU), Insp George Laldeo, to Barbados on October 5, 2022, and met with the Barbados police on the tarmac. Thomas was handed over to Joefield, and they returned to Trinidad.

Thomas claimed he was jolted awake at 3 am by shouts of “police” and banging on his hotel door. He was put in a small cage at the back of a police van and left there until noon without food or water. Later that evening, he was taken to the Grantley Adams airport, where he was taken into a small plane and returned to Trinidad with Birch and Joefield.

Thomas was returned to Trinidad on a light aircraft, subsequently linked to the Regional Security Services (RSS) and was charged with seven firearm offences related to the rifles and grenades under corresponding arrest warrants.

Barbados government accepted liability

On May 19, 2023 Barbados Attorney General Dale Marshall, in a statement to Parliament, said his government had no role in the arrest of Thomas. He said Thomas's transfer to TT from Barbados was a matter fully co-ordinated by Caricom's Implementing Agency for Crime and Security (Impacs). Marshall claimed Thomas was not abducted but returned willingly, citing reports from the Barbados police commissioner and the RSS, based in Barbados.

He confirmed there was no extradition request for Thomas. A suggestion that the police had used the provisions of the Caricom Arrest Warrant Treaty was later debunked as this country has not ratified the agreement with any legislation.

Government sources the legislation is on the agenda. In the past, Caricom Impacs assisted police on several missions to return people wanted for serious crimes who fled to Caribbean countries, senior police said.

Thomas files action against Barbados police

On June 27, the Barbados Today newspaper said that the island’s High Court will next month hear arguments over a possible settlement in Thomas's case, over his forcible removal from Barbados by police in 2022.

Thomas told the newspaper that a hearing will be held in 30 days after a recent formal claim was sent to Roger Forde, SC, counsel for Marshall. Forde confirmed that he had received the claim but declined further comment.

“All I can tell you is that the legal team has lodged paperwork, and it is my understanding there is some sort of hearing very shortly,” said Thomas. “That hearing will be in Barbados in 30 days from today.”

“I think it would be to clarify the position on both sides for both parties… what do we do after this, what settlement do we go to, and how do we finalise the injustice dished out to a visiting tourist to your country that was [not guilty] of anything.”

The Barbados government’s acknowledgement of liability is contained in a letter Forde wrote to Thomas.

In that letter, Thomas was advised that the Barbadian authorities accepted liability based on the senior counsel’s advice.

“I have advised my client that the state of Barbados should accept liability in respect of the claim for breach of Section 18 of the Constitution of Barbados,” the correspondence said.

Thomas started legal action in Barbados demanding compensation for the police’s “egregious conduct” as well as several declarations relating to his “arrest, detention and forced repatriation” by Barbadian law enforcement officers.

He also sought to know who gave the directive which led to his “unlawful abduction” from his hotel room, as stated in Rampersad’s ruling on Thomas’s constitutional challenge in April 2023.

Thomas told the Barbados Today, “l hope that everything ends amicably and that beautiful Barbados can remain untarnished…. I would like them to be untarnished, and that this matter be put aside once and for all. I think I would love to come back.

“As I told you, two to three times a year for 50 years, I have been coming with my family to relax and enjoy beautiful Barbados. I don’t think anybody understands how much this hurt me by the actions which Barbados took that I would never have imagined in a million years.