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Former Special Operations Response Team head Insp of Police Mark Hernandez was cleared of a charge of misbehaviour in public office after a High Court master ruled on July 28 that there was not enough evidence to sustain the allegations against him.
Hernandez had been accused of allowing the unlawful beating of David Ottley Jr, which caused bodily harm. Master Adia Mohammed dismissed the case.
He was represented by Senior Counsel Gilbert Peterson, John Heath and attorney Gerald Ramdeen, all of whom he praised for their representation. He also thanked attorney Jagdeo Singh who was also part of his legal team but had to step away after being elected House Speaker in April.
In an interview with Newsday, Hernandez said he believed in the justice system. “They were able to see through the inefficiencies of the evidence.”
What’s next for Insp Mark Hernandez?
“I am doing some introspection…To see what I really want to do, whether I would continue (in the police service) or whether I might leave. The jury is still out on what I plan to do.”
Hernandez had been charged after advice from Director of Public Prosecutions Roger Gaspard, SC, on April 19, 2021, and arrested by Professional Standards Bureau officers on April 14, 2021. He was suspended from duty following his arrest.
The charge came from an investigation into the deaths of Joel Balcon and Andrew Morris, suspects in the January 2021 kidnapping and killing of Andrea Bharatt. Both men were arrested by SORT officers and later died in hospital. Autopsies showed they died from blunt force injuries.
Morris and Balcon were taken into custody for questioning hours apart, one day after Bharatt was kidnapped outside her workplace at the Arima Magistrates’ Court. Morris died two days later; Balcon died eight days after his arrest. Their families alleged they were beaten to get information on Bharatt’s whereabouts.
Bharatt’s body was found on February 4, 2021, off a precipice at the heights of Aripo. Negus George has since been charged with her murder.
However, Hernandez said the “real victims” were Bharatt’s father and Bharatt herself, his family, the men and women he worked with in the specialised SORT unit and the people of Trinidad and Tobago, “because they would have lost a unit that stood up for the people.”
The specialised team Hernandez led was disbanded in 2022 and replaced by the National Operations Task Force (NOTF). The decision to disband SORT was reportedly due to concerns about its conduct and effectiveness, including allegations of abuse and questionable actions by its officers.
SORT had comprised police officers and former Defence Force personnel.
Hernandez shared his views on Commissioner of Police Allister Guevarro. “I have worked with the current commissioner. I have seen him from time to time and we may have crossed paths in operations but I can say from the public's gaze, he seems to be putting the public first and he seems to be getting the police service in alignment with the goals and the motto to protect and serve.”
With over two decades in policing under his belt, Hernandez said the police service was being used “as a tool to witch hunt people, innocent people.”
“I was a victim of persecution and prosecution by witch hunt for people outside of the police service."
In 2021, before the charge was laid against him, Hernandez was shortlisted by the Police Service Commissioner for the post of deputy commissioner.
He admitted to Newsday, “The police service is bleeding and haemorrhaging. The commissioner have a lot of work to rebuild and restore public confidence while providing safety for every citizen and visitor between the boundaries of Trinidad and Tobago."
While contemplating what his next move would be, Hernandez also said he would not rule out legal action against the state. “I am still in discussion with my attorneys as to what is the next step.
“But right now, I just want to give God all the thanks and all the honour for his mercies being extended unto me and unto my family.”
He also pleaded for his former colleagues in SORT, some of whom were placed on indefinite suspension which they have challenged in court.
“They haven't been charged for anything. They haven't been the subject of any disciplinary matters and they are not suspects of any crime so they are being persecuted currently and I am requesting of the current commissioner, if it would please him, to reinstate these officers forthwith.
"Do not allow the the miscarriage of police processes to continue to victimise the men and women of the special operations response team.”
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