Wendel Glenroy Robinson v The Police Service Commission

• Jurisdiction: Antigua and Barbuda
• Judge: Smith, J.
• Judgment Date: 24 March 2021
• Judgment citation (vLex): [2021] ECSC J0324-1
• Docket Number: CLAIM NO. ANUHCV 2020/0217
• Court: High Court (Antigua)
• Date: 24 March 2021

[2021] ECSC J0324-1

EASTERN CARIBBEAN SUPREME COURT

IN THE HIGH COURT OF JUSTICE

CLAIM NO. ANUHCV 2020/0217

In the matter of Sections 105 (1) and Section 119 of the Constitution of Antigua and Barbuda and In the matter of an Application for Administrative Orders pursuant to Rule 56.7 of the Civil Procedure Rules

Between:

Wendel Glenroy Robinson

Applicant/Claimant

and

The Police Service Commission

Respondent/Defendant

Appearances:

Mr. Lawrence Daniels Counsel for the Applicant/Claimant

Dr. David Dorsett, Counsel for the Respondent/Defendant

Smith, J.

1 The Applicant filed a Fixed Date Claim Form on 29 ^th June, 2020. The claim sought a number of remedies namely:

• 1. A declaration that the removal and or termination of the Applicant as Commissioner of Police infringes his constitutional rights under section 105 (1) and section 119 of the constitution of Antigua and Barbuda,

• 2. A declaration that the decision made by the Respondent on 28 ^th November, 2019 to terminate the Applicant's services as Commissioner of Police was unlawful null and void,

• 3. A declaration that the unlawful termination of the Applicant's services as Commissioner of Police Commissioner on 25 ^th November, 2019 absent pension rights and gratuity was unlawful and unconstitutional,

• 4. A declaration that to terminate the Applicant and to remove him as Commissioner of Police was motivated by bad faith or improper purposes,

• 5. A declaration that to terminate the Applicant as a police officer and remove him as Commissioner of Police was in breach of the rules of natural justice,

• 6. A declaration that to deprive the Applicant of the right to have the appeal heard is unconstitutional and or unlawful null and void,

• 7. A declaration that to terminate the Applicant as a police officer and to remove him Commissioner of Police was unreasonable,

• 8. A declaration that in light of all that has happened the appointment and or confirmation of Mr. Atlee Rodney as Commissioner of Police was unconstitutional or unlawful, ultra vires, null and void,

• 9. Damages, inclusive of accumulative vacation leave, aggravated and exemplary damages,

• 10. Assessed costs in accordance with Part 65 of the Civil Procedure Rules,

• 11. Such further and or other orders as the Court may deem just.

The Claimant/Applicant also sought Constitutional relief under Sections 105 and 119 of the Constitution of Antigua and Barbuda

2 Section 105 clearly states:-

APPOINTMENT ETC. OF POLICE OFFICERS

105.-

• 1. Subject to the provision of this section, the power to appoint persons to hold or act in offices in the Police Force (including appointments on promotion and transfer and the confirmation of appointments) and to remove and exercise disciplinary control over persons holding or acting in such offices shall vest in the Police Service Commission: Provided that the Commission may, with the approval of the Prime Minister and subject to such conditions as it may think fit, delegate any of its powers under this section to any one or more of its members or to the Commissioner of Police.

• 2. Before the Police Service Commission, or any person or authority to whom powers have been delegated under this section, appoints to an office in the Police Force any person who is holding or acting in an office power to make appointments to which is vested by this Constitution in the Public Service Commission, the Police Service Commission or that person or authority shall consult with the Public Service Commission.

• 3. Before the Police Service Commission makes an appointment to the office of Commissioner or Deputy Commissioner or a like post however designated it shall consult the Prime Minister, and a person shall not be appointed to such an office if the Prime Minister, and a person shall not be appointed to such an office if the Prime Minister signifies to the Police Service Commission his objection to the appointment of that person to the office in question.

• 4. Before the Police Service Commission makes an appointment to the office of Superintendent or a like post however designated it shall consult the Prime Minister.

• 5. The power to appoint persons to hold or act in offices in the Police Force below the rank of Sergeant (including the power to confirm appointments) and, subject to the provisions of section 107 of this Constitution, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such person from office shall vest in the Commissioner of Police.

• 6. The Commissioner of Police may, by directions given in such manner as he thinks fit and subject to such conditions as he thinks fit, delegate any of his powers under subsection (5) of this section, other than the power to remove from office or reduce in rank, to any other member of the Police Force.

• 7. A police officer shall not be removed from office or subjected to any other punishment under this section on the grounds of any act done or omitted by him in the exercise of any judicial function conferred on him unless the Judicial and Legal Services Commission concurs therein.

• 8. In this section references to the rank of Sergeant shall, if the ranks within the Police Force are altered (whether in consequence of the re-organisation or replacement of an existing part of the Force or the creation of an additional part), be construed as references to such rank or ranks as may be specified by the Police Service Commission by Order published in the Official Gazette, being a rank or ranks that in the opinion of the Commissioner most nearly correspond to the rank of Sergeant as it existed before the alteration.

Section 119

119.-

• 1. Subject to the provisions of sections 25(2), 47(8) (b), 56(4), 65(5), 124(7) (b) and 124 of this Constitution, any person who alleges that any provision of this Constitution (other than a provision of Chapter II) has been or is being contravened may, if he has a relevant interest, apply to the High Court for a declaration and for relief under this section.

• 2. The High Court shall have jurisdiction on an application made under this section to determine whether any provision of this Constitution (other than a provision of Chapter II) has been or is being contravened and to make a declaration accordingly.

• 3. Where the High Court makes a declaration under this section that a provision of this Constitution has been or is being contravened and the person on whose application the declaration is made has also applied for relief, the High Court may grant to that person such remedy as it considers appropriate, being a remedy available generally under any law in proceedings in the High Court.

• 4. The Chief Justice may make provision, or authorise the making of provision, with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on the court by or under this section, including provision with respect to the time within which any application under this section may be made.

• 5. A person shall be regarded as having a relevant interest for the purpose of an application under this section only if the contravention of this Constitution alleged by him is such as to affect his interests.

• 6. The rights...