COMMENTARY: Opinions from Trinidad on the removal of SORT police head Mark Hernandez

By Eve George

May 7, 2021

On January 29, 2021 a young woman and Judicial clerk Andrea Bharatt 23 disappeared after taking a cab to home. On February 4 at 12:20pm her body was discovered by a passerby in the Heights of Aripo, Arima in East Trinidad, she was the victim of a brutal murder.

On Wednesday April 14, 2021 head of the Special Operations Response Team (SORT) of the Trinidad and Tobago Police Service (TTPS) Mark Hernandez voluntarily made himself available to officers of the Maloney Police station to answer to allegations for allegedly giving instructions for the use of harsh interrogation methods against David Ottley Jr (Sonson) at Duranta Gardens Sangre Grande East, Trinidad. Ottley at the time was a suspect in the kidnapping and killing of Andrea Bharatt. A friend of Ottley’s, Negus George was later charged for the murder of Bharatt and is now before the local courts.

Hernandez was consequently charged with Misbehavior in Public Office 140 hours (6 days) later on April 19 for allegedly giving instructions for the use of harsh interrogation methods against David Ottley Jr. Ottley was then granted state police protection.

In chapter one, part one, section 4 B of the Constitution of the Republic of Trinidad and Tobago the right of the individual to equality before the law and the protection of the law. During Hernandez’s visit to the Maloney Police station to answer to allegations brought against him, he was denied one of his fundamental, constitutional rights to an attorney while other members of the SORT team were allowed to walk in and out of the police interrogation room accompanied by their relevant attorneys. Subsection B of the constitution can be interpreted as Hernandez was denied equality of treatment before the law which is the right of the, accused to retain and instruct an attorney at law of his choice throughout the duration of his or her interrogation process.

Reasons given for Hernandez’s removal from SORT is, a cabal involving rogue officers in the Trinidad and Tobago Police Service (TTPS). They are said to be apparently conspiring against Commissioner of Police Gary Griffith to have him removed from office by way of plot. This is said to have stemmed from a March 2018 move by Griffith to have forty police officers transferred from a Southwest peninsula police station in Cedros when the officers refused to polygraph testing after countless allegations were made against them for supporting crimes, human and gun trafficking, narco and illicit activities on the Southwestern border of the island. For this reason the officers were later transferred to the Central Division of the police force causing them displeasure. On Monday 5 April 2021 a video went viral on social media involving  Griffith’s daughter and her husband in what appeared to be bad political policing conducted by officers from the Central Division of the police force.

A police officer eyeing the position of Deputy Commissioner of Police according to information would have also shared involvement in the removing of Hernandez as head of SORT by using bad politics and backstabbing by any means necessary to intentionally cause harm to Hernandez to have him forced out from the race for the Deputy Commissioner of Police placement post. Hernandez would have been by far more the most qualified and suitable candidate for the position given his experience, expertise, talent, skills and qualifications accumulated through years experiences. These skills and expertise would have played a significant part in Hernandez being an essentially operative head of SORT.

A high ranking source within the TTPS who wish to remain anonymous informed a Journalist of an alleged internal plot hatched by officers within the Professional Standards Bureau of the Trinidad and Tobago Police service to oust Hernandez from the race of Deputy Commissioner of Police. Further reports indicate that officers from this Bureau were taken to task when several local lawyers were forced to make official police reports against officers from that department of the police service over a period of time for misconduct. This Bureau of the police service has had a long history of corrupt practices within the police force.

 A police superintendent with relative ties to a former acting Commissioner of Police also played a role in the sacking of Hernandez. He allegedly openly boasted to colleagues when charges were laid on Hernandez that his work was done and now it’s for the Professional Standards Bureau officers to fill in where he’s left out before he retired to vacation leave the day after Hernandez was charged.

On September 22, 2020 the first of its kind pyramid scheme in Trinidad was captured when members of the police service arrested ten culprits of the Drugs Sou Sou (DSS) scheme in La Horquetta East Trinidad. This pyramid scheme was encouraged and assisted by senior high ranking police and military officials, drug and arm dealers and illegitimate individuals connected to the underworld, robbing the laboring class and lower ranked persons in society of their hard earned investments by using their police and military powers as scare tactics against the involved investors who innocently invested money into the scheme hoping for better returns on their hard earned capital. Subsequently that day TT $22 million was found stacked away in water tanks and apartment ceilings among other places which thereupon police confiscated. Additionally another several million were seized by police from the same DSS operation on a date later following the same investigation. As a result of this matter, SORT’s head Hernandez developed a list of dangerous, irate enemies in the underworld, the police and military service who then threatened to take his life. This death threat was one of the several death threats placed on Hernandez’s life while spearheading the police high intelligence unit SORT.

 Now Hernandez was known to be of substantial intelligence and strength to Commissioner Griffith. With Hernandez and Griffith working as a unit they were a force to reckoned with, having accomplished numerous successes never before attained in the Trinidad and Tobago police service, bitter envy arose whereby a plan was concocted by rogue elements within the police force to destroy Hernandez in the hope of crippling Griffith. The perfect opportunity arose, Andrea Bharrat. Hernandez was directly involved in finding her abductors and killers.  David Ottley Jr who was not charged for Andrea’s murder nor kidnapping later gave testimony against Hernandez which led to Hernandez being charged with misbehavior in public office in relation to Andrea’s murder.

Following this I asked some members of the general public to give an opinion on the matter involving the removal of Hernandez as head of SORT. These were their responses.

Question: How do you feel about the removal of head of SORT Mark Hernandez given the squad’s many accomplishments in the thirty months under his leadership?

Aaron Buxo, Glencoe

Oil and Gas Engineer

I think his removal was an evil and strategic move made by the corrupt elements of our government who’ve got an agenda they know he (Mark) will not support.

Richard Seemungal, Westmoorings

Student

I have not been following much of what the SORT’s team’s accomplishments are, as the news can often be sometimes very traumatic to me. However, in the absence of the air guard which could have been used in the search for Andrea’s recovery, I commend the intervention and interrogation methods used by the officer’s whether instructed by the head of the team or not. I think that their deaths could have been turned a blind eye too because that was something that worked in the interest of the public and justice. A judgment I read from the House of Lords sometime aback, in n R v Rimmington, R v Goldstein (2005) UKHL63 at paragraph 30 in the House of Lords confirmed this approach saying: “good practice and respect for the primary of statute…require that conduct falling within the terms of a specific statutory provision should be prosecuted under that provision unless there is a good reason for doing so”. I think personally that this is a personal and political attack on one of the most elite units within the TTPS to kick out the “good cops” and to bring in the political bottom feeder cops. I think it’s very obscene and preposterous to have a man like Alexander heading SORT. The integrity of that unit is now a downward spiral as is so many of our government agencies

Janelle McDowell, Laventille

Student

Based on everything I’ve read and viewed on social media and the news, also having come from an area with high crime rates over the years. I can state with certainty that SORT seemed to be doing an excellent job. I was glad to see large shipments of drugs, guns and ammunition being confiscated by the SORT intelligence unit. No longer was it, the small fish alone being distressed by police officers but, here is an unbiased professional unit making bold statements “we don’t care who you or your family is” I remember that human trafficking operation above the Chinese restaurant, I felt like the untouchables were finally quaking in their boots. That guy Mark Hernandez seems incorruptible, he seems professional and unbiased. The gang violence in my area has lessened considerably and I feel that there is hope yet. I stand with Mark Hernandez because I admire what he has proven to stand for.

Robin Montano, Fairways Maraval

Former government senator

My problem is that I have the strongest feeling that we have not been told the truth as to why Hernandez was removed. I think we have not been told the truth about anything from COVID to crime and back.

Paula Atwell, Glamorgan Tobago

Sanitation worker

That man was doing too much of a good job and they set him up, talk done.

Zach Mouttet, Westmoorings

Businessman

It’s wrong what they did to Hernandez, they used the Andrea Bharrat’s kidnapping and murder to get rid of him.

Steven Browne, Belmont POS

Contractor

I think him and Gary were well matched. That new guy they chose for the job doesn’t look like an intelligent fellow. I think that under the circumstances with the Andrea Bharatt matter they did what was absolutely necessary, this country needs more of those chairs those criminal fell off from.

Richard Trestrail, Blue Range Diego Martin

Former President of the POS chamber of commerce

Evey. I agree that he (Mark) was a very effective head of SORT but I also subscribe to the view of “let the chips fall where they may”. If investigations relieved that he was compliant in the actions of his division transgressions then he should be disciplined.

Amit Hosein, Princess Town

Security officer

If was me, I was beating every man jack who rode in that car and all who had the kidnapped girl belongings. That man Hernandez and his officers I give them right because those men are seasoned criminals and they were out of jail all the time because they know not to talk, so what other option did Hernandez and his men have?

Michael Bain, Westmoorings

Businessman

That man (Mark) deserves a crown and medals for his contribution he has made to this country and the law abiding citizens. This country is too corrupt. It is disgusting what they did to him. That man is one of the most decent people I have ever met, I know him since 2004 and he is one of the best people I have ever known. You need to write and write about the good he did for this country, don’t stop until he gets justice. We need more people like him in this country.

Shawn Gabriel, Sangre Grande

Poultry laborer

I wasn’t following what happened after the girl died but I was happy to hear two of the kidnappers died in the hospital, I heard they fell off a chair.

Michael Nahous, Westmoorings

Businessman

Mark restored hope in the police force, it finally got maybe the most effect leader in this country’s history in the police service, I think his removal was without merit, unjustified and the result of a witch hunt. This country was losing an Andrea Bharrat every week and since Mark’s involvement in this matter we have not lost another one since. He finally brought a stop to it. I think criminals in this country have no fear of the law, they fear only cops like Mark Hernandez.

David Solomon, Enterprise Chaguanas

Student

For so many years we have not had a good and proper Commissioner of Police appointed, we finally got one, with the new ideas he had in putting together the SORT team with Hernandez as head it was the most successful police team in fighting and combating crime in Trinidad after Burroughs. Because of Hernandez this country found out that there was a dumping ground for murdered human remains in the East, If was not for that Hernandez we would have never known. Hernandez had an iron fist in fighting the worst criminals in this country we needed someone like him all the time. Because of the intelligence of Hernandez the police was able to make the biggest busts we have seen for years in this country. Basically I think Mr. Hernandez was the best man for the job. I think they should dismiss that case against him and give him back his position, he is being framed.

Jeffery Fernandez, Goodwood Park

Businessman

I think this is a political plot by the government to get rid of a man who fought criminals to protect and stand for the law abiding citizens of this country. This government only wants a police service they can control can you believe they put a man like the other to replace him? This government is a joke, they are not interested in fighting crime they are supporting it. Gary better watch himself too.

Wendy Ali, Arima

Store clerk

I want to believe that those men was not talking and was trying to make fools of the police, remember everybody thought that it was a kidnap for ransom situation, So getting information in a timely manner was key, but I think they should have suspended Mr. Hernandez with pay and fill his post temporarily until the investigations is over not replace him.

Contributor, St James

Businesswoman

I am very supportive of Mark as being SORT’s leader, from listening to his lectures being aware of the work he has done, I am totally convinced that he is supportive of the safety of women in our country he is very passionate about it. He has done a great job in capturing criminals.

Janice Guerra, Point Fortin

Self employed

That man is innocent they just wanted his job, also I read where he was in line for a higher position along with two other men. You can’t trust your own shadow people will smile in front of your face and stab you in your back.

Jean-Claude Escalante, Belmont

Student

It seems as if the Commissioner of Police has exchanged someone who targeted criminals with someone who targets law abiding citizens. Here we have a problem on our hands. Criminals treat the prison system as a revolving door and if we can’t keep them in jail then the only solution left is to get them off the streets. But law enforcement seems more interested these days in policing shoppers rather than criminals. In 2019 the Commissioner sang SORT’s (Mark’s) praises when a drug bust was made at a home in Westmoorings, he defended SORT last year when several gang members were killed. What’s changed?

Winston Rivers, Couva

Shop owner

I am trying to understand how they could charge that man with misbehavior in public office when he was only doing his job in trying to save somebody’s life, that doesn’t sound right to me. It’s not like he was stealing money, it sounds like it has more to this than what is being published in the public domain.

Sadiq Baksh, Palmiste South Trinidad

Former minister of Government

This is an eye opening situation regarding Hernandez. Very well written researched and informative article, keep up your fine efforts in going beyond the scenes to get information so we see a different perspective of situations in this country.

Contributor

Address unknown

The strongest of people are not those who show strength in front of all of us but win battles we know nothing about.

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