Police Federation chairman files lawsuit over his interdiction

Chairman of the Jamaica Police Federation Corporal Rohan James, who was taken off duty on July 26 based on comments he made at a funeral on July 15, filed a lawsuit today in the Supreme Court seeking to have the order for his interdiction quashed.

Attorney Hugh Wildman filed the claim today on behalf of James, who is named in court documents as the applicant.

Assistant Commissioner of Police Andrew Lewis, who is in charge of Administration in the Jamaica Constabulary Force, is named as the respondent.

The Commissioner of Police has directed that disciplinary action be taken against James at a  Court of Enquiry.

Wildman says they are now trying to get a judge to hear the application today for an injunction to stay the decision of the Commissioner.

James is seeking an injunction pending the hearing and determination of his application for leave to apply for judicial review against the proferring of disciplinary charges against him.

He stated in his affidavit that he is seeking the intervention of the court to protect his right to express a genuine feeling and concern about the welfare of the members he was elected to represent.

'The applicant, therefore, seeks an order quashing  the various disciplinary charges brought by the respondent against the applicant and its consequent reduction in salary and the interdiction of the applicant,” he has stated in the court document.

He stated that he expressed himself in a respectful manner, but nonetheless forcefully, that the Federation was not prepared to sit by and allow the High Command to be complicit with the executive in not carrying into effect a court order.

The statement of the applicant was made consequent on a meeting  held virtually on July 12  by Deputy Commissioner in charge of Administration, Richard Stewart, and  Assistant Commissioner of Police Andrew Lewis with members of the Central Committee of the Police Federation in which the High Command spoke of a possible cap on the overtime payment to be made to the rank and file members of the JCF,  James outlined in the court document.

“That statement by the High Command in the meeting runs contrary to the clear order of the court which made no such cap on overtime payment,” the document stated.

James contends in his claim that what he said at the funeral of Constable Damien Blair did not go beyond the bounds of propriety and falls squarely within section 13 (3) (b) of the Charter of Fundamental Rights and Freedoms which guarantees the right to freedom of thought, conscience and belief.

He further stated that it was absolutely necessary at the funeral to communicate to members who were present that he and members of the Federation were not prepared to abandon the needs of it's members in light of the Supreme Court ruling.

The Commissioner ordered that James must be interdicted and in the public interest James should cease to perform duties in keeping with the Police Service Regulations.

James is to receive three-quarters salary with immediate effect.

He has also been directed to hand over all government properties.

-Barbara Gayle

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