Wildman claims constitutional breach over delayed ruling in former Police Federation chairman’s interdiction
Published:Tuesday | September 24, 2024 | 12:09 AMBarbara Gayle/Gleaner Writer
Unprecedented is how senior attorney-at-law Hugh Wildman has described the almost six-month delay by the Supreme Court in handing down a ruling last week in an application for an injunction by former chairman of the Police Federation Corporal Rohan James.
He was seeking a mandatory injunction to be reinstated in his job until his motion challenging his interdiction is heard by the Judicial Review Court.
“The delay is a clear breach of the applicant’s constitutional right to a fair hearing within a reasonable time, which is guaranteed under the Constitution,” said Wildman, who is representing James.
He explained that the application was heard in April and Justice Kirk Anderson had promised to give his ruling in two weeks.
“This is unprecedented anywhere in the world,” Wildman lamented. He said it was shocking that a ruling which should have taken two weeks to be delivered, took almost six months instead.
James, after being granted leave to take the issue of his interdiction to the Judicial Review Court, was seeking a mandatory injunction so he could be nominated before May for the election of officers for the Police Federation.
In the ruling handed down last Friday, the Supreme Court refused to grant the application. However, according to Wildman, the ruling was of “no moment”, as the election of officers had already taken place in May.
In November, the Judicial Review Court is to hear the claim brought by James seeking to have his interdiction quashed so he can return to his job at the Jamaica Constabulary Force.
James was interdicted following comments he made in July last year at a colleague’s funeral. He had criticised the Police High Command for not paying cops their overtime money. James was granted leave by the Supreme Court in November last year to challenge the interdiction and was also granted a stay of the interdiction so he could return to work.
The defendants are former Police Commissioner Major General Antony Anderson and Assistant Commissioner of Police Andrew Lewis, who are being represented by King’s Counsel Peter Champagnie.
Lewis had appealed against the Supreme Court ruling and in January the Court of Appeal granted Lewis leave to appeal the ruling and set aside the stay of interdiction.