Judge: ‘Commissioner cannot be thin-skinned’; how Newsauce double-checked Griffith, with memorable critique

On 3 February 2021, as Trinidad and Tobago was gripped by a search for 23-year-old clerk Andrea Bharatt, blogger Rhoda Bharath—a UWI lecturer—sounded an alarm over the behaviour of the Trinidad and Tobago Police Service (TTPS), then headed by Police Commissioner Gary Griffith, in the discharging of its duties.

“Oh my god, oh my god; ‘Toppy’ is the whole actual worst,” said Bharath, in her Newsauce monologue. “They find a suspect and what do the officers of SORT (Special Operations Response Team) do?

“They doh interrogate the suspect properly to gather information and evidence because, why the ass anybody actually need a police investigation when you could beat the suspect to death right?

“Not an accused you know? Because the man has not yet been accused of a crime… We hold a suspect, and instead of getting information from the suspect, we beat the suspect to death, right. Or the suspect has been beaten and has subsequently died. Let me put it that way…”

Bharath noted that the SORT officers were “handpicked” by Griffith. And, as such, she suggested that the police commissioner had to answer for their perceived failings.

“How beating the man is part of the evidence gathering process Toppy?” asked Bharath. “Yuh see people does get vex when I say that Gary Griffith is a shitong. Gary is a shitong. He doh know nothing about policing.

“He know about grand charging, He know about bullying. He know about abusing powers. He doh know nothing about policing… All this man know to do is run down people on social media […] and screenshot their comments and then try to take them to court for making comments about him.

“Doh worry Toppy. We have a court date soon. I bound to must see yuh. And my opinion of you has not changed. You are still an epic shitong.”

Time proved that Bharath’s comments were an astute analysis of a highly-emotional subject at the time. Six days after her monologue, the Police Complaints Authority (PCA) initiated investigations into the deaths of Andrew Morris and Joel Balcon while in police custody.

And, eight months later, the PCA confirmed what Bharath hinted at in her reference to George Floyd—an American murdered by a police officer.

The TTPS statement regarding Morris’ demise said he fell off a chair shortly before he was pronounced dead. But the PCA, headed by David West, made more sinister findings.

“[…] The evidence gathered by the PCA revealed that all of the suspects detained were the subjects of torture and two suspects were subjects to acts of violence, which culminated in their deaths…”

‘Toppy’, as Bharath referred to Griffith, had unknowingly crossed a line. Belcon allegedly had American citizenship and, whether as a direct result of such or not, the United States government was paying attention.

Minister of Foreign and Caricom Affairs Dr Amery Browne subsequently revealed that, in March 2021, the United States government dispatched a diplomatic note to his Ministry.

The United States government declared that under US Leahy Law, it was obligated to cease security assistance to the TTPS “due to […] gross allegations of human rights”.

The relationship between Griffith and the Dr Keith Rowley-led government did not recover and the commissioner’s contract was not renewed.

Despite what looked to be a plethora of evidence to support the substance of Bharath’s assertions, Griffith filed defamation charges.

Justice Carol Gobin, on 11 July 2024, gave Newsauce a comprehensive legal victory—with Griffith ordered to also pay costs. Bharath was represented by Keith Scotland SC and Jacqueline Chang, while Griffith was represented by Larry Lalla SC and Vashisht Seepersad.

“The Claimant as commissioner of police exercised administrative and operational control over all units and departments of the TTPS, including SORT,” stated Gobin. “A suspect, Andrew Morris, had been arrested by SORT officers. Mr Morris ended up dead later that day.

“As the holder of the high office of commissioner of police, the Claimant was vested under the constitution with ‘complete power’, to manage the Police Service… The power comes with—or some might say, is outweighed by—the tremendous responsibility imposed on the head for the general day to day safety of the population, for crime fighting and for regulating the activities and operations of all officers in the TTPS.

“A commissioner must expect to be the target of criticism, not only on spiralling and uncontrollable crime and low detection rates, but on complaints of police brutality and police killings.

“The buck stops with him or her. A commissioner cannot be thin-skinned. This is a democracy. People are entitled to criticize office holders, harshly.”

Justice Gobin stressed to Griffith that “criticism however sharp, cannot amount to defamation of the individual who holds the office” and rubbished any suggestion that Bharath imputed personal guilt to the then commissioner.

“At no time did the Defendant (Bharath) impute guilt to the Claimant (Griffith) personally, nor could it reasonably have been understood as such,” stated Gobin. “[…] And in the circumstances of the gravity of the matter of the death of a suspect in custody, the statements could also be taken at their highest as a justifiable cry for an investigation.

“[…] In the context of the surrounding circumstances, no amount of loose thinking could cause listeners to conclude that [Griffith] was personally involved in or that he actively directed and encouraged the killing of Mr Morris.”

Justice Gobin noted the TTPS’ release on Morris’ death which mentioned that he suffered from diabetes and hypertension.

It also did not escape the Judge’s attention that while Griffith trained his legal guns on Bharath, he did not seek to “correct or further explain the contents of the communique which were so glaringly inconsistent with Dr Hubert Daisley’s findings” about the death of the suspects.

“The Defendant (Bharath) was entitled as a member of the public and in the course of her work to strongly criticise the credibility of the content of the media release about the explanation of Mr Morris’ death,” stated Gobin, who described Bharath as a “credible witness”. “[Bharath’s] statement on this amounted to a further call for an investigation against an explanation that could reasonably be considered incredible.

“Subsequent events—including the findings of Professor Hubert Daisley dated 09 February 2021 and the death of Mr Balcon, another suspect while in custody—confirmed the substance of the Defendant’s posts were fair comment based on her honest belief, which turned out to be entirely justifiable.”

As set out in the judgment, Justice Carol Gobin was asked to rule on the following monologues by Bharath on Newsauce:

The First Publication – 03 February 2021

We going and talk about Toppy, we gonna talk about police. So basically we reach the section of the show where I gonna be talking about people who are penises.

Because this man is a… Oh my god, oh my god. Toppy is the whole actual worst.

They find a suspect and what do the officers of SORT do? They doh interrogate the suspect properly to gather information and evidence—because, why the ass anybody actually need a police investigation when you could beat the suspect to death right?

Not an accused you know? Because the man has not yet been accused of a crime. And that’s the thing that get mih vex with Trinidadians and Tobagonians this week.

Because everybody glad that somebody get held. Whether or not the person actually committed the crime. All yuh want to hear is that somebody get held and somebody get beaten.

Nobody is actually concerned about solving crime at all. What allyuh concerned with is retribution and punishment. That is what allyuh concerned with.

And in all of that, we hold a suspect, and instead of getting information from the suspect, we beat the suspect to death, right. Or the suspect has been beaten and has subsequently died. Let me put it that way.

Because Toppy trying to get me to believe that is high blood pressure kill the man. And listen, this thing has so many parallels to George Floyd, it’s amazing. Right.

And I’m saying parallels to George Floyd because I’m looking at improper police procedure. Improper police procedure.

And we’re gonna be talking about improper police procedure this evening. Because the police not supposed to hold a suspect and the suspect dead.

So I find like David West have sore throat. Either that or he throat parched. Because me aint understand how the PCA eh issue a press release yet.

So David West: ring ring. I waiting on your press release. The one that says that the PCA has launched an investigation into this matter.

And I waiting to hear from the Professional Standards Bureau and because SORT is directly under the control of Toppy Toppington, right, Toppy The Sloppy Coppy. I am waiting to hear what the Police Service Commission has to say.

I mean. I am like just dying to hear what the Police Service Commission… Bliss Seepersad, I cah hear from yuh. I find as the chair of the Police Service Commission, by now you supposed to issue some sort of statement to the population about the performance of this Commissioner of Police.

I find the silence is loud. Like loud loud loud loud loud. Like deafeningly loud.

So SORT or SORTT that Gary said was handpicked by him and is the best that the Police Service has to offer gets a suspect in the kidnapping of this young girl and they beat the suspect and the suspect dies.

So we have no leads, we have no clues, we have idea what has gone on with Andrea Bharath. We are still waiting on information.

And if you think that story was bad enough…. But let me read bits of the story for you: “The suspect in the Andrea Bharath abduction who was allegedly beaten by police on Tuesday has died. Police said Andrew Morris who was held at this Arima home died between Tuesday night and Wednesday morning. He was the father of one.”

So that means that since last night there’s the possibility that the man died. That means, the beating, the severe beating took place since yesterday, alright. Police sources said part of the beating allegedly took place at Malabar Police Station. So that means other police officers were around and witnessed what would have taken place.

So Morris who was arrested by officers of SORT was beaten in front of his family when he was held around 3am and again while in police custody.

Now I am going to get a document that is supposed to guide police on how they are meant to go about eliciting a statement from a suspect right. The laws about how police are supposed to conduct an interrogation.

We going to go through how police supposed to conduct an interrogation, for allyuh to understand the egregious nature of the foolishness that in these stories here. Because, after the story, we going and look at what Toppy Toppington had to say about the death of Andrew Morris.

“Another man, police said, gave them information about Bharath’s bank card which Morris is said to have used to withdraw cash.”

So we know that they had the girl items. We know that these men were in some form or fashion in contact with either the girl or the girl’s personal items. Allyuh go hold the man and beat the man? Like how beating the man is part of the evidence gathering process Toppy?

Yuh see people does get vex when I say that Gary Griffith is a shitong. Gary is a shitong.

He doh know nothing about policing. He know about grand charging, He know about bullying. He know about abusing powers. He doh know nothing about policing.

Because, if SORT is this handpicked elite squad, right, that the commissioner has control over, he would ensure SORT would be handling all of the sensitive investigations in a particular way, right. That SORT would actually be scoring points with the public.

Thus far, all SORT does do is buss in, mash down and apparently, beat suspects. So we are at the point there now where we have no answers and we have no suspect.

Well he also know about commenting on Facebook eh because everybody know he is the Facebook Commissioner. So I eh want all yuh to feel like Gary eh have no policing skills.

He know how to run me down on Facebook. He very good at that right? So I have to say that Gary, at least you have some skills right?

Yuh know how to stalk me on Facebook. You know how to stalk me on social media. Maybe I’ll give you a wuk after yuh contract expire.

Because homeboy if you get your contract renewed after the series of foolishness that going on here underneath you. Miracle. I don’t know who your godfather is, but if your contract get renewed, I will be so stunned.

So you know what, Take DSS money, right, and men sliding DSS money in their pants and all kind of nonsense… Yuh know bout SORT to beat people. Up to now we eh know what it is went on with the murder of the three men up in Caledonia.

Toppy, yuh excelling at life. Yuh rel excelling at life.

So, let we look at Toppy statement here. So let me finish this press release, Because listen, this press release is a work of art you know.

If allyuh had any doubt before, that Gary is a whole idiot, this press release will let you know the degree of idiot that Gary Griffith is (referring to GG’s press release).

 

Yuh see that las sentence dey, that last sentence I just read, right “Investigators were informed that Morris was hypertensive and diabetic”?

That is Toppy attempting to give SORT a get out of jail free card. So the same way a police officer kneel down on George Floyd neck for eight minutes and forty-six seconds, and thereafter yuh had officers coming out and people from the medical fraternity coming out and talking about how George Floyd had underlying symptoms, Toppy trying the same foolishness.

This is one of the most asinine press releases the TTPS has every put out. The Communications Department of the TTPS should be ashamed to put out a press release like this.

Because allyuh basically say, that allyuh show up at a man house with armed officers and the armed officers could not detain the man properly… Allyuh beat the man, know that the man was injured. Did not take the man to the Health Centre immediately for check-ups.

And then after when allyuh eventually carry him to the Health Centre for check-up, he collapse, he dies and then you coming to talk about he was hypertensive and diabetic?

So what you trying to say? High Blood pressure and diabetes kill him? In the least three days, that’s what it is went on? High Blood Pressure and diabetes kill him?

So before allyuh could elicit a statement from the man, before allyuh could get information, that is what it is cause the man to dead? Diabetes is what cause the man to dead?

This is what policing reach to in Trinidad and Tobago inno. Allyuh need to understand that. This is how low we have fallen.

(Referring to a ‘legal document’-1963 Judge’s rules.) I read this thing and I say to myself but Gary like he lost the whole keys to he head. Ent Nicole back in the country? Nicole cyah help Gary?

I mean. Nicole, help out your man nah? Help him write a lil press release and thing nah? Because you see that dey? Oh my word. Ent you is a media maven, Nicole? Nicole, give the man a lil assistance. Right? He need assistance at this stage. It lil scary.

I want all yuh to understand something, this document is 12 pages long and it tell the police what their responsibilities and duties are with respect to getting a statement from a suspect. So all of the guidance, right, for when you have to get a statement from a suspect.

How do you go about getting the statement, the conditions that you have to have the suspect under, what you supposed to offer them, what you supposed to say to them.

Twelve pages. Let me tell you something, I went through twelve pages—nowhere on it, it say beat the suspect. Nowhere on it did it say, beat a confession out of the suspect. Nowhere.

All of that in this document, but you want to know what is not in this document beat a confession out of the suspect; that not in the document.

So we are in a situation where Toppy Toppington, Toppy the Sloppy Coppy, his handpicked squad of elite officers, went and got the suspect to a crime that the whole country holding we belly—because oh god we don’t want to hear that another one of we young ladies, something wrong, something happen to she and she not coming back to she family.

And Toppy Toppington’s elite squad went and pick up the suspect and beat the suspect from he house in Arima to the Malabar police station and then, he end up in the Arima hospital and collapse and dead and Toppy make sure and tell we that according to the hospital the man had hypertension and diabetes.

The man was a suspect, he was accused of nothing, he was found guilty of nothing in this particular instant. I don’t know if he have a pass track record.

I am looking on and I am thinking to myself that we are in a serious crisis with policing, and all this man know to do is run down people on social media. And check their comments. And screenshot their comments and then try to take them to court for making comments about him on social media.

Doh worry Toppy. We have a court date soon. I bound to must see yuh. And my opinion of you has not changed. You are still an epic shitong.

You know nothing about crime and crime fighting. And it is evidenced by that elite handpicked squad that works right underneath you that has bungled… I’m gonna say it again. That has bungled every damn case, it has handled since yuh start that elite squad.

The Second Publication, published on the 04 February 2021

Having your elite, handpicked squad of goons beat a suspect to the point of injury and eventual death is not effective policing or investigation. I’ve said from day one that Toppy knows nothing about policing and will use this post to launch his political ambitions.

While he serves his ego, who serves us? Who is ensuring that proper police work actually gets done?

Imagine Arima police have been excluded from a crime that happened in their own jurisdiction. So local knowledge, indigenous experience with the area and people all thrown out the window for one self-serving PR-addicted megalomaniac.

Expect him to go on a PR/ sympathy tour next week. He might fall ill, fall in the sea again or kidnap his own damn self to distract from abysmal failure he is. #Toppy #ToopyTheSloppyCoppy.