By Elesha George
Justice Ann-Marie Smith will decide today whether to execute her judgement that the appointment of the current Commissioner of Police, Atlee Rodney, was unlawful and that the termination of the former commissioner Wendel Robinson was also unlawful.
Rodney was named Police Commissioner in February 2020, three months after Robinson was terminated, stripped of his rank, his pension, gratuity and other allowances that he would have accumulated during 32 years and 10 months of service in the Royal Police Force of Antigua and Barbuda.
Last week, the judge ruled in favour of Robinson and set a date for deliberations and award for damages.
However, attorney Dr David Dorsette, on behalf of the Police Service Commission (PSC), sought a stay to prevent the execution of the ruling.
Dr Dorsette argued as to the reasons why a stay should be granted via Zoom on Tuesday morning before Justice Smith.
However, a source close to the matter said Dane Hamilton QC, representing Robinson, argued vehemently against the stay. Hamilton argued that there was no precedent for a stay of declaratory orders in such matters.
On the contrary, he highlighted several cases which showed why the stay being sought by Dr Dorsette on behalf of the PSC should not be granted.
The judge reserved her ruling to review the cases cited. The decision on the request for a stay of judgement was delayed until today.
If the stay is denied, she will proceed to entertain arguments for and on behalf of Robinson for damages.