Cop awarded $400,000 after promotional prospects hampered

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Derek Achong

A High Court Judge has ordered $400,000 in compensation for a police officer, whose promotional prospects were hampered by the failure of the T&T Police Service (TTPS) to compile annual performance appraisals for him.

Delivering a judgement in PC Bertrand Ramsumair’s case on Thursday, High Court Judge Kevin Ramcharan ruled that he (Ramsumair) had a legitimate expectation that there would have been performance appraisals for him and that the failure to compile the same breached his constitutional right to protection of the law.

According to Ramsumair’s court filings, obtained by Guardian Media, he joined the T&T Police Service (TTPS) in 1995 and successfully wrote the promotional examination for the rank of corporal in 2002.

In September 2003, Ramsumair and a colleague were charged with assaulting and robbing a man in Princes Town.

Ramsumair was suspended and placed on a three-quarter salary. Ramsumair was eventually acquitted of the charges in 2016. He was reinstated in March 2018 but was instructed to proceed on compulsory vacation leave until 2020.

While on suspension, Ramsumair was informed that he was not recommended for promotional interviews in 2006 and 2009 as he had no scores for performance appraisals.

Ramsumair initially believed that the issue stemmed from him being on suspension but learned of his missing appraisals for the period 1995 and 2002 when he sought to get a retroactive promotion after he was acquitted of the charge.

In his decision, Justice Ramcharan ruled that it was probable that Ramsumair would have been selected for an interview by the Promotion Advisory Board had the appraisals been done as required.

He also noted that had Ramsumair had gotten the highest possible score in his performance appraisals, he still would not have been promoted in 2006 ad his score would have still been lower than the colleague, who received the lowest mark and was promoted.

However, he ruled that the Office of the Police Commissioner could not create a position for Ramsumair if none existed and suggested that had the appraisals been done, a position could have been held on escrow in 2009 pending the determination of the criminal charges.

“In the circumstances, the Court cannot order that the Claimant be retroactively promoted to Corporal or Sergeant but notes that the failure of the Police Commissioner in having the performance appraisals prepared has caused him loss,” Justice Ramcharan said

Justice Ramcharan ordered $300,000 in compensatory damages and $100,000 in vindicatory damages for Ramsumair.

He also ordered the State to pay Ramsumair’s legal costs for bringing the lawsuit.

Ramsumair was represented by Anand Ramlogan, SC, Jayanti Lutchmedial, Alvin Pariagsingh, and Alana Rambaran.