Lawyer wants judge in Corporal Rohan James interdiction lawsuit removed

A request was made today for Justice Carolyn Tie to recuse herself from making any case management orders in the application brought by the Chairman of the Jamaica Police Federation Corporal Rohan James who is seeking an injunction to stay his interdiction.

Attorney-at-law Hugh Wildman, who is representing James in chambers at the Supreme Court, argued that there would be a conflict of interest if the judge dealt with the matter.

The reason given was that the judge, when she was an attorney at the Attorney General's Chambers, had represented James in a civil case when he was stationed at the Denham Town Police Station in Kingston.

A ruling on the issue is to be made by the judge tomorrow.

King's Counsel Peter Champagnie, who is representing the respondent, Assistant Commissioner of Police Andrew Lewis, indicated to the judge that his client had no objection whatsoever for disciplinary hearings to be halted pending the outcome of the judicial review court.

Champagnie said his firm instructions, however, were that they were not prepared for James to be reinstated at this stage.

Wildman argued that James was seeking an order for an immediate return to his job.

The judge said she will rule on all the issues tomorrow.

James was sent off duties on July 26 based on comments he made at the funeral of a colleague.

On July 15, he filed a lawsuit in the Supreme Court seeking to have the order for his interdiction quashed. 

The Commissioner of Police has directed that disciplinary action be taken against James at a Court of Enquiry.

Assistant Commissioner of Police Andrew Lewis, who is in charge of Administration in the constabulary force, is also being represented by attorneys-at-law Neco Pagon and Richard Lynch.

The statement of the applicant at the funeral was made consequent on a meeting held virtually on July 12  between the Deputy Commissioner in charge of Administration Richard Stewart and Assistant Commissioner of Police Andrew Lewis with members of the Central Committee of the Police Federation in which the high command spoke of a possible cap on the overtime payment to be made to the rank and file members of the Jamaica Constabulary Force, James outlined in the court document.

“That statement by the High Command in the meeting runs contrary to the clear order of the court which made no such cap on overtime payment,” the document stated.
James is contending in his claim that what he said at the funeral of Constable Damien Blair did not go beyond the bounds of propriety and falls squarely within section 13 (3) (b) of the Fundamental Rights and Freedoms which guarantees the right to freedom of thought, conscience and believe.

The police commissioner ordered that James must be interdicted, and in the public interest, he should cease to perform duties in keeping with the Police Service Regulations.

James is to receive three-quarters salary with immediate effect.

It was reported that investigations were conducted into the matter and a decision was taken that James should be interdicted.

- Barbara Gayle

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