JCF, ISCF merger gets court go-ahead

The Supreme Court has struck out the application by the Special Constabulary Force Association (SCFA), which was seeking to challenge the merger of the Island Special Constabulary Force (ISCF) and the Jamaica Constabulary Force (JCF).

Yesterday's ruling by Supreme Court Judge Bertram Morrison means that the Government can go ahead with the merger.

The SCFA was challenging the merger on the grounds that the proposed incorporation was not sanctioned by an act of Parliament.

On April 11, Justice Courtney Daye granted the SCFA leave to go to the judicial review court to challenge the merger and also granted a stay of the merger until the matter was heard by the Judicial Review Court on May 12 and 13.

On March 4, the Government reported that Cabinet had approved a merger of the JCF and the ISCF to take place this year.

CLAIM STRUCK OUT

The claim was struck out yesterday following an application made by government lawyer Carlene Larmond that before the SCFA received the order on April 11 for leave to go to the Judicial Review Court, it had filed a fixed-date claim form in the Supreme Court.

Larmond argued that the SCFA must get an order from the court before the claim form can be filed. She further said based on that error, there were no proceedings before the court. She said further that the court rules were very clear that before a fixed-date claim form can be filed in the Supreme Court, a judge must grant leave for a matter to go to the Judicial Review Court.

Larmond argued that 14 days had passed since the court granted the order on April 11, so the SCFA could not now go ahead and file the claim form.

The merging of the two forces was recommended by the Wolfe Report of 1991 and five separate reports and studies since.

The attorney general and the commissioner of police were the respondents in the claim filed last month by the SCFA.