Rightful award for Corporal Rohan James

THE EDITOR, Madam:

I write with reference to the article, ‘Legal costs awarded to Corporal Rohan James following reinstatement order’, published in The Gleaner on December 13.

I concur with Supreme Court Judge Justice Tara Carr 200 per cent to award the plaintiff, Corporal Rohan James, legal costs against the respondent, Assistant Commissioner of Police Andrew Lewis.

According to the United Kingdom (UK) interdiction of civil servants during disciplinary proceedings, an officer may be interdicted ( i.e. suspended from duty) pending the outcome of criminal or disciplinary proceedings if it is considered not in the public interest for him to remain in office before he is cleared of the charge against him.

The secretary of the civil service does not resort to interdiction lightly. Factors that are taken into account include the nature and gravity of the criminal or disciplinary offence laid against the officer, possibility of the same offence recurring if the officer remains in office; availability of suitable posts for redeploying the officer; and likely public perception. We interdict an officer only when redeployment to alternative duties is not possible or inappropriate.

An interdicted officer will normally have 50 per cent of his salary withheld upon being charged with a criminal or disciplinary offence which may lead to his removal from the service. If he is subsequently convicted of an offence serous enough to warrant removal from the service, payment of his salary will be stopped in full.

Thus, upon completion of the judicial review, I have no doubt that Corporal Rohan James will be reinstated.

CARGILL KELLY