By Tahna Weston
Former Commissioner of Police Wendel Alexander will be appealing a High Court decision that dismissed his case on Friday.
Alexander had filed a claim after he was terminated by the Police Service Commission (PSC) by way of a letter dated November 25, 2019.
However, Justice Jan Drysdale after hearing arguments from Alexander’s attorney Wayne Benjamin Marsh and Dr David Dorsett, who represented the PSC, dismissed the matter.
Marsh, who spoke with Observer following the decision, expressed disbelief with the outcome of the matter.
“Well, this matter came about during the pendency of other matters with respect to the suspension of my client, Mr Wendel Alexander. Now, while those matters were before the court, rather than allowing my client to have his rights ventilated before the courts, the commission went ahead and terminated my client during those matters.
“And the decision has now come as a total shock, a surprise, but as sure as the sun will rise, there will be an appeal. I have already discussed the matter with my client, and he is adamant that if it is he has to go before the Privy Council in London, that is where he has to go to get his justice, then that is exactly what he will do,” Marsh said.
He said that his client is choosing not to say much in relation to the outcome of this matter, particularly because there are other court cases pending in relation to his suspension before the same judge.
Dr Dorsett spoke with Observer about the ruling, saying the PSC is happy with the outcome.
“Well, of course the Commission is quite pleased with the outcome of the case. He [Alexander] was terminated…and the Commission felt that it was in the public interest for it to be done. Among other things, the former Commissioner of Police had indicated that he could not work or had difficulty working with the Minister for Public Safety. If he is unable to work with the Minister of Public Safety for whatever reason, that is not a tenable situation.
“So, we thought it was in the best interest of the public that he be terminated. There were also issues and concerns about his temperament and whether he was fit to continue in office. And so that being the case, we ensured that as much as possible, he was given as much opportunity as is required to explain why it is he should continue in the office and not be terminated. We heard him out, we gave proper consideration to his representations,” Dorsett said.
The reasons for Alexander’s termination were based on reports from several police officers who accused him of victimisation, among other things – claims he has denied.
Marsh had argued that the PSC acted illegally, in bad faith, and in breach of natural justice while firing his client; however, based on the ruling, Justice Drysdale disagreed.
The judge indicated that the PSC, at all times, has a responsibility to ensure that it fulfills its constitutional mandate, which includes appointing officers and disappointing them in the service. She also held that “all things considered that the Commission acted reasonably and responsibly and dealt fairly with the matter in deciding to terminate Alexander”.
Alexander had already succeeded in his judicial review action against his suspension. It was on the same day that the PSC imposed a second suspension under the same regulations which the court had already ruled did not apply.
Dorsett, in commenting on the other matters which Alexander has before the court, said the PSC will deal with them as they come, adding that he is hoping those will result in a similar judgment.
Following Robinson’s termination, the current Commissioner of Police Atlee Rodney was appointed.
