Policeman granted leave to appeal Judge’s decision in his quest for reinstatement in the JCF

The Court of Appeal on Friday granted permission for former police constable Joel Lewis to appeal a Supreme Court order turning down his application for leave to apply to the Judicial Review Court to quash a decision of the Police High Command refusing to re-enlist him in the force.

Attorneys-at-law Hugh Wildman and Duke Foote, who are representing Lewis, argued that Supreme Court Judge Tara Carr erred in refusing to grant the application.

The attorneys are to file the notice of appeal by January 12 so that the appeal can be heard.

Lewis was arrested in June 2018 while on his way to the Caribbean Maritime University where he was undertaking a course of study. He was charged with uttering a forged motor vehicle certificate of title and with receiving a motor vehicle knowing it to have been stolen.

He appeared before the St Catherine Parish Court and on the third occasion he was freed after the prosecution offered no evidence against him.

Lewis said in his affidavit that on November  26, 2020 he received a notice regarding a recommendation for re-enlistment. The notice made reference to the incident in 2018 and stated that based on the charges laid against him, his integrity and ability to effectively discharge his duties as a constable were compromised.

He received a further notice in November which stated that based on the charges that were laid against him, it was not recommended that he should be reinstated.

On July 27, 2022, he and his then lawyer John Jacobs attended a meeting where he was told by the Commissioner of Police that if the charges laid against him in 2018 were the only charges, then he had no need to worry.

He said on September 7, 2022, he received a letter under the hand of Superintendent Clifford Chambers informing him that he was discharged from the Jamaica Constabulary Force.

Chambers is the respondent in the matter and Lewis is contending that there was no evidence that the Commissioner of Police took any step to discharge him, therefore the respondent had no legal authority to discharge him.

Lewis states that the judge, in refusing his application, erred when she ruled that the respondent acted on behalf of the Commissioner in discharging him from the Force.

He is contending that his termination is illegal and therefore he remains a constable in the JCF and wants the Judicial Review Court to hear the motion and quash the decision to dismiss him.

Attorney-at-law Faith Hall from the Attorney General's Department is representing the respondent.

-Barbara Gayle

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