Former policeman loses bid to be reinstated

The Judicial Review Court has refused to grant an order and declarations for Tenroy Durrant, a former police constable who was dismissed from the force in February 2021, to be reinstated.

Justice Sonya Wint-Blair ruled that Durrant had failed to prove that the authority failed to exercise its power according to the law.

Durrant was seeking an order of certiorari to quash the decision to dismiss him from the force and a declaration that he was a confirmed member of the Jamaica Constabulary Force (JCF).

Attorney-at-law Lemar Neale, who is representing Durrant, said that he has filed an appeal against the judge's ruling.

Several grounds of appeal have been filed contending that the judge erred in her ruling and also failed to find that Durrant was not given a hearing in breach of the principles of natural justice and legitimate expectation.

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The judge stated in her judgment that Durrant commenced training in February 2019 and was placed on two years' probation.

On March 11, 2020, he was posted to the St Mary Division.

On November 10, 2020, he received a warning notice from the Superintendent of Police for the division.

He was given seven days to respond in writing and given three months in which to improve his conduct.

The notice detailed matters from breaches of the curfew order under the Disaster Risk Management Act, attending a bar on June 27, 2020 in breach of the national curfew order, absence from lecturers, wearing dirty shoes to a probationer's lecture, inappropriate attire, sporting a mohawk hairstyle and allegations of dishonesty.

Verbal responses were given by the claimant to the training officer who noted in a separate document that he had shown improvement in the issues regarding his mode of dress and hairstyle.

Charges in relation to absence from orientation between October 25, 2010 to October 28, 2010 were withdrawn.

On January 28, 2021, there was a notice of non-recommendation of confirmation setting out certain allegations regarding the claimant's conduct.

He was ordered to cease performing duties effective February 17, 2021 pending the resolution of the matter. He was ordered to show cause within 14 days why he should not be dismissed from the JCF.

The claimant's lawyers wrote to the Assistant Commissioner of Police in charge of Administration on February 21, 2021 refuting the allegations and showed cause why he should not be dismissed.

There was no response until June 7, 2021 when a second letter was sent by the claimant's attorneys.

The defendant contended that the records showed that the claimant had a history of conduct deemed unacceptable to the JCF.

There were complaints and various levels of disciplinary action were taken against the claimant.

Neale argued that “public interest dictates that the application should proceed since the defendants acted unreasonably, arbitrarily and capriciously.”

Neale said the true reason for the claimant's discharge was never communicated to him.

Attorney-at-law Lisa Whyte, who represented the defendants, submitted that the claimant “violated the JCF code of discipline by failing to report for duties without a satisfactory explanation, among other infractions. Granting him relief will send an indirect message to the other members of the Force that indiscipline is acceptable.”

Wint-Blair in handing down her decision in July said in order for the court to grant an order of certiorari, the claimant would have to prove that the inferior tribunal or authority failed to exercise its power according to the law and that there was an unlawful exercise of that power.

The judge ruled that there was no evidence upon which to make such a finding.

Judgment was entered in favour of the defendants who were the Commissioner of Police and the Assistant Commissioner of Police.

- Barbara Gayle