Three years after Andrea Bharatt suspects died in custody …Ex-SORT member challenges suspension

derek.achong@guardian.co.tt

A former member of the Special Operations Response Team (SORT) has been given the green light to pursue a lawsuit over being placed on suspension for over two years due to a completed investigation into the deaths of two suspects in the murder of Andrea Bharatt.

PC Mikhail Gonzales filed his judicial review case over his suspension against the Office of the Police Commissioner, earlier this week. Yesterday he was granted leave to pursue it by High Court Judge Frank Seepersad.

According to his court filings, obtained by Guardian Media, Gonzales joined the T&T Police Service (TTPS) in 2003.

Bharatt, a 22-year-old court clerk, went missing after entering a taxi in Arima on January 29, 2021.

Almost a week later, her body was found down a precipice at the Heights of Aripo.

An investigation was conducted by several specialised units of the protective services including SORT during which suspects Andrew Morris and Joel Balcon died while in custody.

Autopsies performed on the duo’s bodies allegedly revealed that they were beaten to death.

Negus George, 24, of Gooding Trace, Malabar, Arima, and his 37-year-old common-law wife Giselle Hobson were eventually charged.

George was charged with Bharatt’s murder, while Hobson was only charged with receiving items allegedly stolen from Bharatt including a cellphone, ATM card, earrings, and an article of clothing.

Four months after Bharatt’s murder, head of SORT Inspector Mark Hernandez was charged with misbehaviour in public office in relation to the treatment that was meted out to Morris and Balcon that led to their deaths.

In January 2022, Gonzales received his suspension notice from former acting police commissioner McDonald Jacob, which indicated that it was based on a Police Complaints Authority (PCA) investigation into the duo’s deaths that commenced almost a year before.

The following month, SORT was dismantled and replaced with the National Operational Task Force (NOTF).

Gonzales’ lawyers led by Jagdeo Singh and Gerald Ramdeen claimed that the notice did not acknowledge that the PCA’s probe was completed in July 2021 or its findings.

They noted that since being suspended Gonzales was not subjected to any disciplinary proceedings and has not been charged with a criminal offence.

They pointed out that while he has received his full salary whilst on suspension, he was unable to claim allowances that he would have received had he been on active duty.

They claimed that his suspension breached the rules of natural justice and was illegal and irrational.

“If there is evidence or a report of wrongdoing on the part of a police officer in the execution of his duty, the Intended Respondent has an independent duty to investigate the facts and evidence and satisfy himself that there is evidence to justify the suspension of an officer before the power of suspension is exercised,” they said.

They also noted that under legislation governing the PCA, it is required to inform the subject of a complaint whether it had recommended criminal charges or disciplinary action against them at the end of their probe.

“The Intended Claimant has not been informed by the PCA of any action taken by the PCA in relation to his actions or omissions in the execution of his duty as a police officer in relation to the death in custody of the suspects in the kidnapping and murder of Andrea Bharatt,” they said.

Through the lawsuit, Gonzales is seeking a series of declarations over his suspension and an order quashing it. He is also asking the court to consider compensation for what transpired.

Gonzales is also being represented by Dayadai Harripaul and Nerisa Bala.

The case is scheduled to come up for hearing on November 8.

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