Kamla sues against lack of Protective Service Compensation Committee

Since August 2015, one month before the People’s National Movement government assumed office, the tenure of the members to the committee had not been renewed nor new members appointed.

The committee has been in limbo while approximately 11 police officers and dozens more who have been injured in the line of duty and yet to claim have been awaiting monetary compensation.

Attorney Kamla Persad-Bissessar SC filed a constitutional motion last month on behalf of injured police officer Fazal Ghany, and yesterday she went before Justice Devendra Rampersad in the San Fernando High Court to seek an order directing the Dr.

Keith Rowley-led cabinet to advise President Anthony Carmona to appoint members to the committee.

The fact that the committee has not been functioning for the past two years means officers who have been injured in the line of duty could not receive compensation.

One such person is Ghany, of Rio Claro, who is the applicant in the motion. In an affidavit, he stated he was injured 11 years ago. He suffered a spinal fracture.

Ghany was medically boarded and has been at home unable to earn a living.

The committee turned down his application for compensation and he sought judicial review and lost. The Appeal Court also ruled against Ghany, but the Judicial Committee of the Privy Council upheld his application for a claim.

Since the ruling delivered in July 2015, Ghany has been knocking on the doors of the committee for compensation but to no avail. Attorneys sent letters on his behalf, but he was given the same response that the new committee had not yet been appointed.

Persad-Bissessar, instructed by attorney Gerald Ramdeen, contended before Rampersad yesterday that Ghany was seeking a declaration that the failure of the Government to appoint the committee amounts to a refusal to obey the order of the Privy Council.

Persad Bissessar told the judge the matter affects the lives of approximately 14,000 members of the various arms of the protectives services including members of the Defence Force and Coast Guard.

The State was represented in the matter by attorney Anthony Bullock who told Rampersad Cabinet did recommend the members to sit on the committee, but a legal issue arose. He asked for the matter to be postponed for two weeks, but Persad-Bissessar strenuously objected, saying the non-existence of the committee was of grave importance in which a ruling of the Privy Council is being disobeyed.

Rampersad said he sees no genuine defence in opposition to the motion and fixed the matter for 1.30 pm today. However, the case would be heard before the vacation judge, Joan Charles, in the Hall of Justice, Port of Spain.