James could get reinstatement green light today

Jamaica Police Federation Chairman Corporal Rohan James is to know today whether he will be reinstated in his job, pending a judicial review of Assistant Commissioner of Police (ACP) Andrew Lewis' decision to interdict him for perceived “disrespectful” comments.

Supreme Court judge Justice Carolyn Tie Powell, after hearing a preliminary application to stay the interdiction on Wednesday, indicated that she would make a decision after Hugh Wildman argued that James was seeking an order for an immediate return to his job.

Last Friday, the Police High Command ordered the immediate interdiction of James and directed that he should face three disciplinary charges before a court of enquiry related to comments he made during the funeral for slain cop Damien Blair.

James was also ordered to hand over his police identification card and other government-issued property in his possession and not leave the island without the permission of the governor general. He was also to receive three-quarters salary with immediate effect.

However, James through his lawyers, Hugh Wildman and Bert Samuels, subsequently filed a claim seeking to quash the interdiction order.

But in court on Wednesday, Wildman requested that the judge recuse herself from making any case management orders in the application as there would be a conflict of interest if she dealt with the matter.

He pointed out that the judge had represented James in a civil case when he was stationed at the Denham Town Police Station in Kingston when she was an attorney at the Attorney General's Chambers.

Tie Powell will also decide on that request today.

Meanwhile, Peter Champagnie, KC, who is representing ACP Lewis, indicated to the judge that his client had no objection to disciplinary hearings being halted pending the outcome of the judicial review hearing.

However, Champagnie said his client's instruction was that the Police High Command is not prepared for James to be reinstated at this stage.

Lewis, who is in charge of administration in the Jamaica Constabulary Force, is also being represented by attorneys-at-law Neco Pagon and Richard Lynch.

In his affidavit, James said that his statement at the funeral was made consequent on a meeting held virtually on July 12 the deputy commissioner in charge of administration, Richard Stewart, and Lewis had with members of the Central Committee of the Jamaica 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 Jamaica Constabulary Force.

The federation represents policemen and women from the rank of constable to inspector.

“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 is further contending in his claim that his comments did not go beyond the bounds of propriety and fall squarely within Section 13 (3) (b) of the Fundamental Rights and Freedoms, which guarantees the right to freedom of thought, conscience, and belief.

In a letter dated July 26 and obtained by The Gleaner, James was cited for remarks made on July 15, and after a probe, disciplinary action was recommended.

tanesha.mundle@gleanerjm.com