During the week of May 17, the Eastern Caribbean Supreme Court will hear the appeal of the Public Service Commission (PSC) over the High Court’s decision made in favour of former Police Commissioner, Wendel Robinson.
The Commission’s lawyer, Dr. David Dorsett, told Observer that they filed the appeal a few weeks ago and received notice that the case may be called during that week.
He said that the appeal is calling into review the decision made by Justice Ann Marie Smith in late March where she declared that the firing of Robinson from the force was unlawful.
The Commission purports the case involving Robinson’s termination “did not go to trial and a court in a constitutional case cannot rule unless the matter goes to trial.”
In addition, Dorsett said that the judicial review filed by Robinson in relation to his suspension is “an abuse of process of the court.”
“You have been terminated, so it is pointless to ask the court to rule that your suspension was lawful or unlawful,” the Attorney asserted.
The entire saga which led to the High Court ruling on March 24, began in April 2018 when Robinson was suspended by the Commission amid allegations of misconduct.
A team of investigators later served him with disciplinary charge.
A 2018 High Court ruling had agreed that his suspension was indeed unlawful and ordered that he be reinstated and awarded costs.
However, in less than a day, the Commission suspended him a second time on the basis that he was still facing disciplinary charges. That matter is still being challenged in court.
Justice Smith also ruled that the appointment of the current Commissioner of Police Atlee Rodney, was “unlawful, ultra vires, null and void.”
Atlee Rodney was appointed Commissioner in February last year, three months after Robinson was terminated after three decades of service.
But Judge Ann-Marie Smith’s decision means that Robinson is still the Top Cop.
Since being ousted from the force, Robinson has returned to the legal field in which he’d trained decades earlier and says he does not wish to return to the post.
Deliberations and the award of damages was to take place on April 30, but that will now have to wait until the outcome of the appeal.
Robinson estimates he is owed more than EC$230,000 in gratuity, plus his monthly pension, and on top of that, damages for loss of reputation and career prospects.