By Shermain Bique-Charles
Embattled former police commissioner Wendel Robinson was preparing for his day in court with the Police Service Commission (PSC) yesterday – but the hearing was postponed after the PSC went to the Court of Appeal seeking leave to petition a preliminary point by the judge.
Earlier this year, High Court judge Justice Marissa Robertson dismissed an application by the PSC that Robinson’s claim against the body could not stand since it had terminated his service from the police force as commissioner. Justice Robertson ruled then that the matter should be tried on August 17.
But now a decision has been taken that all proceedings are to be stayed until the Court of Appeal hears that preliminary point.
“Even if the Court of Appeal decides to hear the matter, it will not affect the claim because I don’t think the court will rule in the PSC’s favour because there are so many things that went wrong with that second suspension,” Robinson told Observer Media.
“They are trying to frustrate any relief that the court might want to make in my favour “, he said.
“They are trying to frustrate me. If that is their intention, they have a hard road travelling. They are trying to frustrate any relief that the court is trying to make in my favour. I am confident that the court will rule in my favour and I think that the PSC is quite aware,” he added.
The latest court matter started when Robinson challenged his dismissal from the police force but the PSC moved to have the case thrown out of court.
However, the court ruled that the matter is a “very live one, and a number of remedies sought by Robinson including damages are such that the court must hear the substantive claim”.
The litany of hearings began on April 152018 when Robinson was suspended indefinitely from his position as commissioner after two officers under his charge made allegations of sexual misconduct by him.
In May 2018, Robinsons lawyers filed ‘without notice application’, asking the High Court to grant him leave to file for judicial review of his suspension.
By October 25 2018, Justice Godfrey quashed the PSC’s decision ruling essentially that it acted unlawfully when it suspended Robinson. However, on the same day of the ruling, a second suspension letter was issued to Robinson.
The PSC said at the time that Robinson would remain on suspension pending the outcome of internal disciplinary charges.
And then, six months after receiving suspension number two, Robinson’s attorneys filed for judicial review to challenge the second suspension. A second judicial review was filed after the PSC failed to reply.
Robinson is now represented by Andrew O’Kola of OMO Law, while Dr David Dorsette represents the Police Service Commission chairman Kelvin John.