00:00In a judgment delivered on Friday, the Court of Appeal upheld the decision that the 2024 promotion process breached statutory
00:08requirements, including the qualifications required of the assessment panel members and the handling of officers' performance appraisal scores.
00:17At the crux of the issue, Inspector Mark Hernandez received a weighted score of 29.7 in the 2024 promotion
00:25assessment and sought a review of his results.
00:29He subsequently applied for judicial review, arguing that the process did not comply with the Police Service Act and the
00:36police service regulations.
00:38The High Court ruled in his favor in February 2025, quashing the promotion exercise and directing the police commissioner to
00:48restart the process.
00:49The commissioner appealed, challenging several findings, including the conclusion that there was a settled practice of awarding officers a universal
00:58outstanding grade for the performance appraisal component.
01:02But the Court of Appeal found no sufficient basis to overturn the High Court's finding on that issue.
01:09The appeal also examined the qualifications of the panel that interviewed Hernandez.
01:14Under Regulation 19.4, members of the assessment panels must possess appropriate skills, expertise, and qualifications in policing, particularly in
01:24relation to the rank under consideration.
01:27The Court of Appeal found that two of the three assessors who interviewed Hernandez did not possess qualifications in policing,
01:35despite their professional accomplishments.
01:37The court concluded that there had been non-compliance with the regulation in Hernandez's assessment.
01:45The commissioner also challenged the finding that a promotion process had failed to comply with statutory requirements governing performance appraisal
01:53scores.
01:53The court found that the evidence supported the conclusion that the required appraisal results had not been provided to the
02:01contracted assessment consultant before the process began.
02:04It also considered the consequences for other officers who were awaiting promotion, but concluded that their potential delay did not
02:14outweigh the public interest in assuring that senior police appointments were made according to merit.
02:20The commissioner's appeal was ultimately dismissed, leaving the High Court's orders in place.
02:25Those orders require the promotion exercise for officers moving from inspector to assistant superintendent of police to be recommenced in
02:34accordance with the Police Service Act and the Police Service Regulations.
02:39The parties are to be heard separately on the issue of costs.
02:43Urvashi Tawari, Rupnarain, TV6 News.
