Corporal Rohan James seeking to add AG to suit fighting his interdiction

An application is to be made in the Supreme Court to amend the lawsuit filed by Corporal Rohan James, the former chairman of the Police Federation who has been on interdiction since July 2023, to add the attorney general (AG) as a respondent.

James was interdicted following comments he made against the Police High Command at a funeral for a colleague. He is seeking to have the interdiction quashed.

When the matter came up before the Judicial Review Court on Wednesday, attorney-at-law Lemar Neale, who is representing James, informed the court that he had recently been retained in the matter. He said he was asking for an adjournment to amend the claim. Neale pointed out that because James had raised constitutional issues in his case, the attorney general should be joined as a respondent.

Justice Simone Wolfe-Reece granted the adjournment and set the application to amend the claim for February 26 next year.

King's Counsel Peter Champagnie and attorney-at-law Neco Pagon, who are representing the respondents, informed the court that they were ready to proceed with the matter. The judge, in granting the adjournment, awarded legal costs in favour of the respondents.

The respondents are former Police Commissioner Major General Antony Anderson and Assistant Commissioner of Police Andrew Lewis.

James is challenging the constitutionality of section 70 (2) of the Constabulary Force Act. The respondents have referred to the section in their defence, stating that the provisions support the proposition that all communication is private as it regards any matter arising out of or concerning duties of the Federation.

The section states that “a person who is a member of the Force shall not without the consent in writing of the Commissioner publish or communicate to any person other than the Minister, a member of the Police Service Commission or a member of the Force any information (however obtained) relating to the proceedings, deliberations, recommendations or decisions of a Branch Board, Central Conference or Central Committee or to any matter whatever arising out of or concerning the duties of the Federation.”

James was interdicted because he had criticised the Police High Command at the funeral for not paying cops their overtime money. He was granted leave by the Supreme Court in November last year to go to the Judicial Review Court to challenge the interdiction.

James was also granted a stay of the interdiction so he could return to work.  Lewis appealed the ruling and in January the Court of Appeal set aside the stay.

-Barbara Gayle

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