A legal dispute involving a Trinidad and Tobago Defence Force (TTDF) staff sergeant has escalated to the Court of Appeal, following a 2023 High Court ruling that dismissed his challenge against the Chief of Defence Staff’s (CDS) decision to block his promotion. Staff Sergeant Russell Reyes contends that Justice Nadia Kangaloo erred in her judgment, arguing that the CDS overstepped legal boundaries by rejecting a recommendation for his promotion to Warrant Officer Class II. Reyes maintains that the disciplinary infraction cited against him was a “spent” conviction and should not have influenced the decision, as it was no longer part of his service record under military law. He also highlighted an unreasonable delay in addressing the disciplinary matter, which further complicated his case. Reyes first challenged the CDS’s decision in 2022, filing a judicial review application with a certificate of urgency, as he was nearing his mandatory retirement date of January 25, 2023. Had he succeeded, he would have remained in the Defence Force until 2026. However, Justice Kangaloo ruled in October 2023 that Reyes was still under probation when his disciplinary reprimand expired, rendering him ineligible for promotion. She also affirmed that the CDS acted within his authority to deny the promotion in the operational interest of the TTDF. In his appeal, Reyes argued that the judge miscalculated key dates and misinterpreted the CDS’s authority under the Defence Act. He emphasized that his severe reprimand, imposed in March 2021, was “spent” by November 2021, months before his promotion recommendation in early 2022. Reyes is seeking to have the High Court’s ruling overturned, reinstatement to the rank of Warrant Officer Class II, or compensation for lost pay and benefits. His attorney, Arden Williams, argued that the CDS unlawfully intervened in the promotion process, which is an administrative function under the Defence Force Act. Williams also questioned whether the CDS was acting as the designated officer for the Defence Council, which oversees the TTDF’s command, administration, and discipline. The Appeal Court judges have requested additional submissions on the presumption of regularity regarding the CDS’s actions, with a ruling expected after further consideration.
