Ex-cop not fit for force, says high court judge

A former police constable, who was charged for a sexual offence involving a minor and suspended from the force for two years, has lost his case in which he was challenging his non-re-enlistment in 2014 and was instead saddled with a $90,000 court cost.

The ex-lawman, Everald Tomlinson, who had served 15 years in the Jamaica Constabulary Force (JCF), filed a claim in the Supreme Court requesting a declaration that he had a legitimate expectation to be re-enlisted after he was not so recommended in 2014.

The commissioner of police and the attorney general were listed as defendants in the matter.

In a recently published judgment, Justice Dale Staple found that Tomlinson – based on many complaints and disciplinary breaches, including an unresolved sex-charge matter, which he described as “egregious” – had no basis on which to seek such a declaration, and in an unusual move, ordered him to pay a $90,000 court cost for the defendants.

“I find that the poor conduct of Mr Tomlinson in his career as a member of the Jamaica Constabulary Force was such that it could not and did not give rise to any legitimate expectation in him that he would be re-enlisted to the JCF,” he said.

Little hope of success

Furthermore, he noted that the case had “little hope of success”, and as such, indicated his intention to have the applicant cover the defendants’ court cost although each party would usually cover their own cost in an administrative claim.

“This claim ought never to have been proceeded with. It is only fair that the defendants be able to recoup their costs for the time and effort spent to defend this matter,” the judge said.

At the same time, Staple stressed that the authorities are quite clear that there is no automatic right to re-enlistment and that an officer with a poor record has no legitimate expectation to be.

An affidavit from Assistant Commissioner of Police Richard Stewart said five of eight disciplinary charges were proven against Tomlinson relating to his absence from muster parades on two occasions, abandoning his post on one occasion, and two instances of failing to report for and perform duties.

Additionally, it was also highlighted that Tomlinson, in June 2014, was found guilty of two counts of misconduct in the Court of Enquiry, a formal high form of disciplinary proceeding held to determine whether an officer is guilty of an offence that warrants dismissal.

The proceeding was held in relation to a 2009 incident in which it was reported that Tomlinson slapped a woman in the face and uttered some disparaging words at her. But the commissioner, on review, found that the court had not proven the charge in relation to the comments.

Prior to that, in 2006, Tomlinson was issued a written warning, which highlighted that his work, worth, and conduct were of an unacceptable standard. He was threatened with certain consequences, including a warning that if he did not improve, he would be recommended to the police commissioner for termination.

Following those matters, he was charged with sexual intercourse with a person under 16 and suspended from the force for two years. However, a no-case order was made in the case, but the reason wasn’t stated in the judgment.

Although the ex-constable has denied some of the complaints and him being served with a warning notice, the judge said: “Mr Tomlinson cannot say he has a sterling history in the force. In fact, he has, what I find to be a sordid history of serious complaints. ... Such a member of the force, in my view, cannot have any legitimate expectation to be re-enlisted.”

Attorney-at law Kamau Ruddock represented the two defendants while Chukwuemeka Cameron represented Tomlinson.

tanesha.mundle@gleanerjm.com