{"id":127114,"date":"2021-04-12T18:52:18","date_gmt":"2021-04-12T22:52:18","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=127114"},"modified":"2021-04-12T19:58:23","modified_gmt":"2021-04-12T23:58:23","slug":"commentary-wendell-robinson-down-the-tunnel-of-despair","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/commentary-wendell-robinson-down-the-tunnel-of-despair\/","title":{"rendered":"COMMENTARY: Wendell Robinson: Down The Tunnel Of Despair"},"content":{"rendered":"
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Rawlston Pompey<\/strong><\/p>

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In a Law enforcement career, and likened to every aspirant to the legal fraternity, including \u2018Kelvin John,\u2019 Wendell Glenroy Robinson\u2019 <\/strong>seized every opportunity in educating himself, increased his intellectuality and to advance professionally. Pursuing studies to achieve these were not only costly, but also distressful. Subsisting upon \u2018Sardines, English muffins and biscuits\u2019 <\/strong>the occasional meal, he survived and eventually succeeded with his legal studies.<\/p>\n

PERSPECTIVE<\/strong><\/p>

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This commentary looks at; \u2018\u2026The Kelvin John-chaired and procedural blunder-making Police Service Commission (PSC).\u2019 It further looks at one of three judicially determined Cases in favor of former Commissioner of Police Wendell Robinson, Barrister-at-law. It particularly looks at; (a)<\/strong> \u2018\u2026The Victimizing; (b)<\/strong> \u2026Acrimonious behavior; (c)<\/strong> \u2026Litigious; and (d)<\/strong> \u2026Contemptuous attitude to Judicial Decisions,\u2019 particularly the Judgment of \u2018His Lordship, Justice Peter Godfrey Smith\u2019<\/strong> [ANUHCV2018\/0202]. A Case that supports his Case is that of; \u2018\u2026Berenice Freeman v Attorney General et al\u2019 [BVIHCV: 2008\/0383].<\/strong> \u00a0<\/strong><\/p>

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PARASITIC RELATIONSHIP<\/strong><\/p>\n

The litigious; (a)<\/strong> \u2018\u2026Seven (<\/strong>7)-member; (b) <\/strong>\u2026One Secretary Government employee; and (c)<\/strong> \u2026Budgetless,\u2019 appeared hell bent in making female officers not conceived hemorrhaged, and have left some male officers, harboring feelings of a state of pregnancy. For the past three years, the \u2018Commission\u2019<\/strong> has shown an unmistakable litigious propensity. None more evident than the litigious \u2018financially-handicapped run\u2019 through the \u2018Judiciary.\u2019 This appeared to have been sustained by an apparent \u2018Parasitic Relationship\u2019<\/strong> with \u2018Law Firms,\u2019<\/strong> with and without \u2018Associates.\u2019<\/strong><\/p>

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LEGAL SERVICES<\/strong><\/p>\n

The decision to engage \u2018Non-Departmental Legal Services\u2019<\/strong> to fight against aggrieved officers, brings into question; (i) \u2018\u2026The professional competencies of Legal officers; (ii) \u2026Availability; (iii) \u2026Accessibility; and (iv) \u2026Obtainability of\u2018Legal Services\u2019 <\/strong>from an adequately staffed \u2018Ministry of Justice and Legal Affairs.\u2019 <\/strong>It further begs a fundamental question; \u2018Why the professional advice of \u2018Principal Legal Adviser\u2019<\/strong> to the Government, Attorney General, \u2018Steadroy \u2018Cutie\u2019 Benjamin,\u2019 <\/strong>if not sought and given, has not been utilized by the \u2018Commission?\u2019 <\/strong>The non-revenue generating\u2018Commission\u2019 <\/strong>and incurred expenses for legal services suggests an urgent need to reined the membership in or wash out.<\/p>

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MERCILESSLY BRUTAL<\/strong><\/p>

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To several \u2018Police officers,\u2019 the \u2018Commission,\u2019 <\/strong>under different Chairmanship, has been \u2018Mercilessly Brutal\u2019<\/strong> in their treatment of them. Where it had been most evident and blatant, aggrieved officers had caused the \u2018Judiciary\u2019<\/strong> to be visited, either upon the \u2018Commissioner of Police or the \u2018Police Service Commission (PSC).<\/strong> The respective Cases of; (i) \u2018\u2026Senior Sergeant Olson Hector; and (ii) \u2026Superintendent Cecelia Francis,\u2019<\/strong> make the point. In their respective cases, the former, even when the \u2018Exigencies of Duty\u2019<\/strong> appeared not to have permitted, was to be subjected \u2018Forced on Vacation\u2019<\/strong> [May 20, 2005].<\/p>\n

REVERSED DECISION<\/strong><\/p>\n

In these discussions, the cases of; (i) \u2018\u2026Former Commissioners Truehart Smith QPM; (ii) \u2026Gary Nelson; (iii) and (iv) \u2026Wendell Robinson,\u2019 <\/strong>necessarily makes good reference points. These have all mounted challenges to their \u2018Suspension or Dismissal. In the Case of the former, then members of the \u2018Public Service Board of Appeal Board (PSAB),\u2019<\/strong> found no justification for the \u2018Suspension. Consequently, it reversed the decision of the \u2018Commission.\u2019<\/strong><\/p>\n

LAWLESS MEMBERSHIP<\/strong><\/p>\n

Most troubling, however, was the disregard shown to the authority that resides in the constitutionally-established \u2018Appellate Board.\u2019 The \u2018Lawless Membership\u2019<\/strong> of the \u2018Police Service Commission,\u2019<\/strong> felt, and showed no compulsion to comply with the \u2018Appellate Decision\u2019 \u2018Public Service Appeals Board\u2019 <\/strong>[CO: 1981: Section 107: Supreme Law: Section 2M].<\/strong> It now begs the fundamental question; \u2018\u2026Who or what benefits are derived from the long-drawn-out litigious proceedings involving former Commissioner of Police Wendell Robinson?<\/p>\n

BASTION OF HOPE<\/strong><\/p>\n

The \u2018Judiciary,\u2019 one of the \u2018free institutions,\u2019 whether, rightly or wrongly called, \u2018The Bastion of Hope\u2019 <\/strong>owes every respect by all law-abiding citizens. Only the lawless Undoubtedly, it has been highly regarded among the \u2018Founding Constitutional Principles.\u2019<\/strong> It provides for the interpretation of laws that shall apply in the administration of justice.\u2019 It is the law the \u2018Constitution\u2019 speaks a; (i) \u2018\u2026Symbolizes the public conscience; and (ii) \u2026Subjects the State to it\u2019 <\/strong>[CO: 1981: Principle: \u2018D\u2019]. To all intents and purposes, it states; \u2018\u2026The people of Antigua BASTION and Barbuda \u2018Assert\u2019 their conviction that their \u2018Happiness and Prosperity,\u2019 can best be pursued in a \u2018democratic society\u2019<\/strong> [Principle: C: 1981].<\/p>\n

TAMING THE EXECUTIVE<\/strong><\/p>\n

The \u2018Judiciary,\u2019 <\/strong>constitutionally established to tame the; (i) \u2018\u2026Executive; and (ii) \u2026Legislature\u2019<\/strong> behavior of the Government; (iii) \u2026 Keep check on the Ministries and Ministers. <\/strong>It was also intended to address callous (a) \u2026Departments; (b) \u2026Statutory bodies; (c) \u2026Agencies and Agents; and (d) \u2026Commissions,\u2019 has not only been subjected to systemic abuse, but also has been seen as the most contemptuous.<\/strong> The malevolence and acrimony exhibited by the membership of the \u2018Commission,\u2019 continue to bring embarrassment to both those that selected and appointed them. Policy-makers shall act decisively and remove any scourge from the \u2018Commission.\u2019<\/p>\n

LITANY OF COMPLAINTS<\/strong><\/p>\n

The cases of then \u2018Suspended<\/strong> Commissioners (i) \u2018\u2026Truehart Smith QPM and Vere Browne\u2019<\/strong> also vividly makes the point. Both had refused to be manipulated into shame and disgrace. Then with a \u2018Litany of Complaints,\u2019 both <\/strong>incurred the wrath of a \u2018Police Service Commission (PSC).\u2019<\/strong> Instructively, if that \u2018Commission\u2019 was provided with \u2018an Axe,\u2019<\/strong> its members may have severed the leg of any \u2018Police officer,\u2019<\/strong> whether or not it was to be amputated \u2018below or above the knee.\u2019<\/strong><\/p>\n

SUCCESSFUL ENDEAVORS<\/strong><\/p>\n

The journey for then \u2018Corporal Wendell Robinson\u2019<\/strong> began as difficult, as it may have been for the many aspiring young and ambitious individuals. Though financially-challenged and virtually starved for cash, he entered \u2018Law School.\u2019 Unlike many that had prostituted upon the \u2018Police Service,\u2019 becoming \u2018Chefs\u2019 and other \u2018non-related police work,\u2019<\/strong> he had used it as a spring board to a \u2018Legal Profession\u2019 and for enhancing the prosecutorial and Case File Vetting\u2019 withing the Police Service. Likened to the successful endeavors of \u2018Maria Browne,\u2019<\/strong> a \u2018Cabinet Minister\u2019<\/strong> in the Gaston Browne-led administration, he blazed the trail and succeeded in his legal studies.<\/p>\n

MOMENT OF GLORY<\/strong><\/p>\n

His return to active \u2018Police Duties,\u2019<\/strong> saw him applying and acquitting himself exceedingly well. This speaks to his loyalty and his commitment to the \u2018Rule of Law.\u2019<\/strong> With rapidity of promotions, and with the \u2018Suspension of Commissioner,\u2019<\/strong> he was well-positioned to fill the void or vacancy. The stage was set for his upward mobility to the coveted rank of \u2018Commissioner of Police.\u2019 <\/strong>Fortunately, when his superior \u2018Commissioner Vere Browne\u2019<\/strong> was slighted, he had sufficient confidence reposed in him by \u2018Prime Minister Gaston Browne\u2019<\/strong> [CO: 1981: Section 105 (3)].<\/strong> He eventually assumed command and control of the \u2018Police Service.\u2019<\/strong>]; That may have been his \u2018Moment of Glory.\u2019<\/strong><\/p>\n

BEHEADED AND UNCONQUERABLE<\/strong><\/p>\n

Likened to former Commissioners \u2018Truehart Smith OM, QPM [2003] <\/strong>and Vere Browne\u2019 [VI News Online: January 15, 2015],<\/strong> that may have been the time his administrative and whatever else troubles began. That which may have started the \u2018Story,\u2019<\/strong> is not for this commentary. In fact, it mattered not where a leg is severed as long as it severed. In the cases of then \u2018Commissioners Smith and Browne,\u2019<\/strong> though their crime was that of \u2018Independence and Defiance,\u2019 both were \u2018Summarily<\/strong> Beheaded.\u2019 <\/strong>Aptly described in a well-articulated submission to the \u2018Public Service Board of Appeal\u2019 [CO: 1981: Section 107],<\/strong> then practicing attorney, the unconquerable \u2018Sir Gerald Anderson Watt KCN, QC,\u2019 in uncompromised mode, submitted that; \u2018\u2026The whole suspension was done in connivance with the political directorate <\/strong>[Montserrat Reporter Vol xvii No.12 April 4, 2003<\/strong>].<\/p>\n

EVIL CONNIVANCES<\/strong><\/p>\n

While the records will show that he was the first to be appointed Chairman, the other two were attorneys \u2018Terrence Small [2002-2004];<\/strong> and current \u2018President of the Industrial Court, Charlesworth Browne\u2019 [2005-2008].<\/strong> They neither took delight in evil connivances, nor joined or support the \u2018Commission\u2019s membership\u2019 in perpetrating evil against any member of the \u2018Police Service.\u2019 These attorneys\/members were not unmindful of their own humble beginnings. They had shunned that which may have been reasonably suspected to be rife within the \u2018Commission.\u2019<\/p>\n

MODEL COMMISSIONERS<\/strong><\/p>\n

Unlike today\u2019s membership that has been reportedly working in tandem to inflict pain or cause mental anguish to police officers they despised, these former members admirably stood for that which appeared to them as \u2018Fair; Right and Just.\u2019<\/strong>They were \u2018Model Commissioners.\u2019<\/strong> They were neither hindrances, hurdles nor obstacles to their expectations, dreams and aspirations. Both reportedly took the principled position and relinquished their membership when the forces of evil reportedly sought to influence their conscience to \u2018sell their Souls to the devil.\u2019<\/strong> They were more people-centered and cared more for; (a)<\/strong> \u2018\u2026Career development of all members; (b)<\/strong> \u2026Personal advancement; and (c)<\/strong> \u2026Longevity of tenure within the Police Service.\u2019<\/p>\n

TREACHERY AND CANNIBALISM<\/strong><\/p>\n

There was no doubt that the appointment of a practicing attorney and \u2018former acting Judge\u2019 [British Virgin Islands], Kelvin John,\u2019 <\/strong>had been a prudent choice for the \u2018Chairmanship of the Police Service Commission\u2019 [2014 -]. <\/strong>An attorney-at-law and the third to be appointed to the \u2018Commission,\u2019<\/strong> he was not the only practicing attorney to gain membership. He assumed the position when by an act of \u2018Treachery\u2019 <\/strong>saw the Chairman and membership positions of former Assistant Commissioner of Police and Chairman, \u2018Phillip N. Isaac.\u2019 Appointed by the Governor General, His Excellency Sir Rodney Errey Lawrence Williams KCGN, GCMG as Chairman, before he could start any fight with those that often \u2018brawl,\u2019 he received an official call.<\/p>\n

CANNIBALIZED CHAIRMANSHIP<\/strong><\/p>\n

Believing that he may have being invited to the \u2018Governor General\u2019s Ball,\u2019<\/strong> little did he know that \u2018Cabinet\u2019 would have decided his fate. His membership on, and chairmanship of the \u2018Commission\u2019 had been so \u2018Cannibalized\u2019<\/strong> to an empty chair. [2014-2018<\/strong>].\u00a0 Though it had usurped the \u2018Governor General\u2019s powers of appointment and disappointment,\u2019 the then Chairman, decided not to be drawn into a brawl, saw the \u2018Cabinet\u2019 made him bawl [CO: 1981: Section 104]. Likened to a Cock fowl, \u2018Cabinet\u2019 <\/strong>reportedly clipped wings, stripped feathers and broke legs and all.<\/p>\n

CLAUDETTE AND CIGARETTE<\/strong><\/p>\n

The \u2018Commission\u2019<\/strong> was not without a clique of members. It was not only frictional, but also factional. Some appointed for their \u2018Comradeship,\u2019 were said to have been as; (i) \u2018\u2026Obnoxious; (ii) \u2026Infectious; (iii) \u2026Dangerous; and (iv) \u2026Deadly\u2019 <\/strong>as the \u2018Coronavirus-19 Pandemic.\u2019 Likened to the \u2018La Soufriere Volcano\u2019 [SVG: ANR: April 9, 2021], it was reported that there were often quiet \u2018grumbling and rumbling.\u2019 Its effects may have been felt by \u2018former Chairman, retired Assistant Commissioner Philip N. Isaac.\u2019 <\/strong>He had no seismic instruments. Before he could say, \u2018Claudette,\u2019 <\/strong>though he was not known for tobacco smoking, he was asking the membership for \u2018Cigarette.\u2019<\/strong><\/p>\n

LAW<\/strong><\/p>\n

In most democracies, respect for the \u2018Law\u2019<\/strong> means respect for its enforcement in democratic societies. The effective enforcement makes for relative order to be maintained, ensuring orderly or civilize behavior and citizen-compliance.\u2019 Lack of respect for the Law, have been the source of much friction, contention, chaos and confusion. To understand the concept \u2018Law,\u2019<\/strong> for a working definition, is to know that; (i) \u2018\u2026A rule of conduct made by a superior or law-making machinery- \u2018Parliament;\u2019 (ii) \u2026By which an inferior (people) is bound to obey.\u2019<\/strong> It follows that where acts or omissions, negligence or gross recklessness\u2019 have been observed or detected, there is peril of consequences and pain of punishment.<\/p>\n

PROTECTION OF JUDICIARY<\/strong><\/p>\n

In civil society, the \u2018Judiciary,\u2019<\/strong> commands and compels the respect of the lawless. Respect for the \u2018Judiciary\u2019 therefore,<\/strong>means respect for the very institution that shall not only safeguard and protect the principles of democracy, but also the \u2018Fundamental rights of the individual.\u2019<\/strong> It may have been for these very reasons, that among the \u2018Founding Constitution Principles,\u2019<\/strong> is one that speaks to; (i)<\/strong> \u2018Assertion; <\/strong>and (ii) \u2026Recognition.\u2019<\/strong> There may be no justifiable reasons that members of the \u2018Police Service Commission,\u2019 shall seek to cause horrors to any member of the \u2018Police Service,\u2019 simply because such member seeks the protection of the \u2018Judiciary.\u2019<\/p>\n

PATHETICALLY DYSFUNCTIONAL<\/strong><\/p>\n

The collective punishing attitude of the apparent non-meritorious- appointed membership of the \u2018Police Service Commission (PSC)\u2019<\/strong> that now more than ever, appears; (a) \u2018\u2026Utterly incompetent; and (b) \u2026Pathetically dysfunctional.<\/strong>\u2019 It has given \u2018former Commissioner of Police, Wendell Glenroy Robinson\u2019<\/strong> good reasons to kneel and pray. An administration Police or otherwise, shall never be seen as using or employing the \u2018Judiciary\u2019 to; (a)<\/strong> \u2026Frustrate; (b)<\/strong> \u2026Humiliate; (c)<\/strong> \u2026Repress; or (d)<\/strong> \u2026 Any Commission, be it; (i) \u2018\u2026Labour; (ii) \u2026Public; or (iii) \u2026Police\u2019<\/strong> to exact egregious punishment upon any of its citizens.<\/p>\n

EXACTING PUNISHMENT<\/strong><\/p>\n

Neither shall it suffer any \u2018Law Firm\u2019<\/strong> or any association thereof, to fleece resources not sufficiently flowing into the \u2018National Treasury\u2019 for expending on non-essentials, or to provided enrichment or aggrandizement to wealthy intellectuals. Neither shall any administration encourage, facilitate, abide, tolerate or counsel or aid any governmental agencies, departments or Statutory Bodies to expend public funds simply to \u2018Exact Punishment,\u2019 <\/strong>upon police officers, Government employees or other members of the wider society.<\/p>\n

RETARDATION OF PROGRESS<\/strong><\/p>\n

This was never envisaged by the author of the \u2018National Anthem, Sir Novelle Richards.\u2019 <\/strong>He purposefully penned; \u2018\u2026Fair Antigua and Barbuda; \u2026Ever striving and \u2026Ever seeking\u2019 <\/strong>[Sir Novel Richards: 1917-1986]. Sadly, these appeared not to have been; (i) \u2026Sufficiently learned; (ii) \u2026Fully understood; (iii) \u2026Deeply appreciated; or (iv) \u2026Intensely internalized, as to be so engraved upon the hearts of members of the \u2018Commission.\u2019 Instead, these two phrases have always been seen as being derailed by those \u2018Ever Seeking\u2019<\/strong> and \u2018Ever willing\u2019<\/strong> to perpetrate egregious or victimizing acts or victimize those for whatever reasons, they despised. The effect has been the \u2018Retardation of Progress.\u2019<\/strong><\/p>\n

THE WICKED DEVIL<\/strong><\/p>\n

It is instructive to note that there have been three (3) \u2018former Senior Police officers; (i) \u2018\u2026Deputy Commissioner of Police; (ii) \u2026Superintendent; and (iii) \u2026Inspector of Police.\u2019 <\/strong>They were among his \u2018Former Colleagues. <\/strong>Happily, or unhappily, they have each been; (a)<\/strong> \u2018\u2026Mandatorily or voluntarily retired; (b)<\/strong> \u2026Have been the recipients of their \u2018Full Retirement Benefits;\u2019<\/strong> and (c)<\/strong> \u2026Hold a salaried- privileged position serving on the \u2018Commission.\u2019 Given these truths, whether acted \u2018connivingly, misguidedly, environmentally influenced or legally advised,<\/strong>\u2019 that which they have collectively exacted upon him, \u2018Wendell Glenroy Robinson\u2019<\/strong> in removing him from office without his benefits, made the membership appeared to be minions of the \u2018Wicked Devil.\u2019 <\/strong><\/p>\n

DARK TUNNEL OF DESPAIR<\/strong><\/p>\n

Now, having \u2018served in the Police Service for thirty-two (32) years,\u2019<\/strong> today, \u2018April 5, 2021,\u2019 he found himself a sad man being systemically driven down a \u2018Dark Tunnel of Despair.\u2019 <\/strong>A rather mindboggling \u2018Press Statement\u2019<\/strong> recently published at this news portal, speaks to nothing but sheer hypocrisy. It states; \u2018\u2026The Police Service Commission acknowledges the important and indispensable role of the Court in the delivery of justice to persons who are aggrieved by the decisions of public authorities<\/strong> [ANR: March 29, 2021]. Many have questioned the \u2018Commission\u2019s sincerity, as for \u2018Three Grueling Years,\u2019<\/strong> under the chairmanship of practicing attorney and former Acting Judge\u2019 [BVI: 2008], it has been most vindictive and oppressive to certain members of the Police Service. These words aptly describe the experiences of \u2018former Commissioner of Police Wendell Robinson.\u2019<\/strong><\/p>\n

WRONGFUL: SUSPENSION\/DISMISSAL<\/strong><\/p>\n

None may deny that Chairman of the \u2018Police Service Commission, Kelvin John\u2019<\/strong> is of \u2018sound memory and discretion. He is honest and boast an impeccable character. As a result of the recently unfavorable \u2018Judgment\u2019 delivered against<\/strong> the Kelvin John-chaired, seven (7) members \u2018Police Service Commission for; (a) \u2018Wrongful Suspension <\/strong>and (b) Wrongful Dismissal from office<\/strong>, \u2018Wendell Robinson, Barrister-at-law\u2019<\/strong> may now have been well-position to received his \u2018Service Benefits.\u2019<\/strong> The unfavorable \u2018Court Decision\u2019<\/strong> was due to ill-advisedly applied disciplinary regulations <\/strong>against him.<\/p>\n

DANGEROUS DISCIPLES<\/strong><\/p>\n

A \u2018Press Statement,\u2019<\/strong> purportedly authored by \u2018Chairman<\/strong> Kelvin John\u2019<\/strong> shall have been of grave concern to every rank-and-file member. The \u2018Commission\u2019s Application\u2019 <\/strong>to the \u2018Judiciary\u2019 <\/strong>for a \u2018Stay of Execution\u2019 <\/strong>of \u2018an Administrative Order,\u2019 <\/strong>intended to for the \u2018State\u2019 to discharge its fiduciary responsibility to a \u2018Court-declared; (i) \u2018\u2026Wrongful Suspension; (ii) \u2026Wrongful Dismissal,\u2019 <\/strong>speaks more to vengeance of its membership, than of the \u2018State\u2019 or the \u2018Supreme Being-God,\u2019 so <\/strong>constitutionally acknowledged by the people\u2019 CO: 1981: Principle: \u2018A\u2019]. Sir Novelle never envisaged that any person, including Police officers shall resort to the \u2018Judiciary\u2019<\/strong> to make \u2018Claims of Benefits legitimately accrued for 32 years of Law enforcement Service\u2019<\/strong> to the nation.<\/p>\n

BIBLICAL PERSPECTIVE<\/strong><\/p>\n

Had \u2018Sir Gerald A. Watt KCN, QC and Dr. David Dorsett\u2019 <\/strong>tuned into his brother\u2019s \u2018God\u2019s First Radio\u2019 [102. 9 FM], to get a \u2018Biblical Perspective\u2019 on the \u2018Stay of Execution,\u2019<\/strong> they may certainly hear \u2018William \u2018Will\u2019 Dorsett\u2019<\/strong> say; \u2018\u2026Those are the very words of the Devil, uttered from the lips of one of his dangerous disciples.\u2019<\/strong> Even as the \u2018Suspension and Dismissal\u2019 have been judicially declared unlawful, likened to the successful launch into Space of the \u2018Russian Sputnik Satellite\u2019 [1962],<\/strong> commanded by a dog named \u2018Rover\u2019<\/strong> that never returned to earth, and likened to aggrieved \u2018former Commissioner Truehart Smith OM, QPM,\u2019 <\/strong>who was never ordered to resume his duties, the same situation now confronts dismissed Commissioner Wendell Robinson.\u2019 Now, with \u2018Sir Gerald\u2019s Law Firm\u2019<\/strong> in a reversed position, representing the \u2018Kelvin John-Chaired, 7-member \u2018Commission,\u2019 <\/strong>he may professionally argue that his \u2018Law Firm\u2019<\/strong> had done what was required of it to do \u2018Then,\u2019<\/strong> and doing \u2018Now,\u2019<\/strong> what it has been, or being paid to do.<\/p>\n

PRINCIPAL LEGAL ADVISER<\/strong><\/p>\n

It shall never be said that the \u2018Attorney General and Staff of legal officers \u2018Then,\u2019<\/strong> were far more knowledgeable and competent than the \u2018Principal Legal Adviser to the Government\u2019<\/strong> and legal officers \u2018Now.\u2019 <\/strong>The inferred intention of the \u2018Commission\u2019 is to cause \u2018Visitation\u2019<\/strong> by the \u2018Eastern Caribbean Supreme Court (ECSC) <\/strong>upon another \u2018High Court Judge Decision\u2019 by \u2018Her Ladyship Ann Marie Smith.<\/strong>\u2019 Though they were attorneys-at-law, likened to practicing attorney Kelvin John,<\/strong> present Chairman, \u2018Terrence Small and Charlesworth Browne,\u2019 <\/strong>were not the \u2018Legal Advisers\u2019<\/strong> to the \u2018Commission.\u2019 Legal Advice,\u2019 was readily available, easily accessible and obtainable at the \u2018Ministry of Legal Affairs.\u2019<\/strong><\/p>\n

BLUNDER-MAKING COMMISSION<\/strong><\/p>\n

The \u2018Blunder-Making Commission,\u2019<\/strong> appeared to have been misdirected or misguided. It was evident that the membership had an estranged relationship with knowledge of the \u2018Police Disciplinary Regulations.\u2019<\/strong> Thus, this may have been responsible for the members being perceived by the \u2018Judiciary as making; (i) \u2018\u2026Irrational and unintelligible;<\/strong> (ii<\/strong>) \u2026Uninformed; and (iii) \u2026Senseless decisions.\u2019 <\/strong>Consequent upon these, they have left many personnel within the Police and Fire Services frustrated and demoralized by their \u2018victimizing and discriminatory attitude.\u2019 Those so victimized cautions the \u2018Commission\u2019 that; \u2018\u2026Heaven has no rage; \u2026Like love to hatred turned; and \u2026Hell has no fury, like a woman scorned\u2019<\/strong> [William Congreve, Poet: 1697]. The Scripture also warns those that may \u2018forsake their own mercy\u2019<\/strong>[Jonah 2: 8].<\/p>\n

IMPROPER APPLICATION<\/strong><\/p>\n

The Constitution declares that; (i) <\/strong>\u2018\u2026The Law symbolizes the public conscience; (ii)<\/strong> \u2026Every citizen owes to it an undivided allegiance; and (iii) \u2026The State is subject to the Law\u2019 [CO: 1981]. <\/strong>Though not directly suggestive of oppressive behavior, addressing the \u2018Improper Application\u2019 of the \u2018Police Disciplinary Regulations\u2019<\/strong> to Commissioner Wendell Robinson,\u2019 \u2018Justice Peter Gordon Smith\u2019<\/strong> observed that the \u2018Commission and its Attorney\u2019 appeared not to have been sufficiently au fait with the Regulations.\u2019<\/p>\n

LEGAL DEFICIENCIES<\/strong><\/p>\n

His Lordship was adamant that the \u2018Commission\u2019<\/strong> may ensure that there were Regulations to address inappropriate conduct by Senior officers within the \u2018Police Service.\u2019 Refusing to be hoodwinked and recognizing the \u2018Legal Deficiencies\u2019<\/strong> as they affect \u2018Disciplinary Regulations\u2019 to address inappropriate conduct by officers above the rank of \u2018Inspector of Police,\u2019 <\/strong>he wrote that \u2018Grade Six Students at the Holy Trinity School\u2019 <\/strong>and \u2018Princess Peace\u2019<\/strong> may understand that; \u2018\u2026It could mean that the Legislature intends a different regime for the disciplining of senior officers\u2019 [ANUHCV: 2018\/0202: Para 28].<\/strong><\/p>\n

COMEDIANS OF CARICOM IMPACS<\/strong><\/p>\n

In their exuberance and anxieties in \u2018Exacting Vengeance\u2019 upon \u2018former Commissioner Wendell Robinson,\u2019<\/strong> there appeared to have been no end to the \u2018Comedy Sequel.\u2019<\/strong> Making three Superintendents of Police \u2018Comedians of CARICOM IMPACS,\u2019<\/strong> the Commission appointed; (i) \u2018\u2026A Guyanese; (ii) \u2026Trinidadian; and (iii) \u2026Barbadian Special Constables.\u2019<\/strong> They were caused to prepare and serve \u2018Disciplinary charges of \u2018Discreditable Conduct\u2019 upon him. These were reportedly done under \u2018Police Discipline Regulations\u2019<\/strong> statutorily provided for the specific ranks; (i) \u2018\u2026Inspector: (ii) \u2026Senior Sergeant; (iii) \u2026Sergeant; (iv) \u2026Corporal; and (v) …Constable\u2019<\/strong> [PDR: Sections 4 & 5: Police Act: Chapter 330].<\/p>\n

STARVED OF JUSTIFICATION<\/strong><\/p>\n

The \u2018Judiciary,\u2019<\/strong> mindful of man propensity to perpetrate evil, as well as the plight of the hapless, \u2018Judicial officers\u2019<\/strong> have almost always accord proper judicial rationalization to decisions that appeared \u2018Starved of Justification\u2019<\/strong> or considered so grossly perverse<\/strong> or viewed as disguisedly acrimonious thus, nullified and void such decisions. Finally, \u2018Justice Smith\u2019<\/strong>suggested the promulgation of \u2018Regulations by the \u2018Police Service Commission\u2019 for the disciplining of police officers under its powers\u2019 [Para 30]. It is no exaggeration to say that its irrational decisions have forced several officers to litigate against the \u2018Commission.\u2019<\/p>\n

EXACTING PUNISHMENT<\/strong><\/p>\n

The contentions have been in search social of justice, promotion and\/or accrued benefits. This was when \u2018State Agencies and Agents,\u2019<\/strong> has turned the nation into a \u2018Litigious and Unfair State.<\/strong>\u2019 The victimizing behavior of the \u2018Police Service Commission\u2019 that has brought its members \u2018Litigious Notoriety.\u2019<\/strong> An administration shall never be seen as using or employing the \u2018Judiciary\u2019<\/strong> to; (a)<\/strong> \u2026Frustrate; (b)<\/strong> \u2026Humiliate; (c)<\/strong> \u2026Repress; or (d)<\/strong> \u2026 Any Commission, be it; (i) \u2018\u2026Labour; \u2026Public or Police\u2019<\/strong> to exact egregious punishment upon any of its citizens. Neither shall it suffer any law firm or any association thereof to fleece resources not sufficiently within the national Treasury for enrichment or aggrandizement. Neither shall any administration, encourage, facilitate, abide, nor tolerate nor counsel or aid any governmental agencies, departments or bodies to\u2026\u2026.<\/p>\n

HARBORING ILUUSIONS<\/strong><\/p>\n

The open dissent and blatant defiance to perfectly rationalized and reasonably determined \u2018Judicial Decisions,\u2019 appears to have placed the \u2018Ministry of Legal Affairs\u2019<\/strong> in a position, either to be seen as impotent or \u2018collusively supportive\u2019 of the \u2018Commission\u2019s dastardly behavior toward this particular arm of Government. It behooves serving members to pay keen attention to these developments. No serving member shall be so na\u00efve as to \u2018Harbor Illusions\u2019<\/strong> that the \u2018Commission\u2019<\/strong>will be litigating on their behalf.<\/p>\n

HARBORING ILUUSIONS<\/strong><\/p>\n

The open dissent and blatant defiance to perfectly rationalized and reasonably determined \u2018Judicial Decisions,\u2019 appears to have placed the \u2018Ministry of Legal Affairs\u2019<\/strong> in a position, either to be seen as impotent or \u2018collusively supportive\u2019 of the \u2018Commission\u2019s dastardly behavior toward this particular arm of Government. It behooves serving members to pay keen attention to these developments. No serving member shall be so na\u00efve as to \u2018Harbor Illusions\u2019<\/strong> that the \u2018Commission\u2019<\/strong>will be litigating on their behalf.<\/p>\n

ENDLESS HORRORS<\/strong><\/p>\n

The \u2018Attitude and Mentality\u2019<\/strong> of some among the membership of this \u2018Commission\u2019<\/strong> appear so \u2018politically driven to be so vindictively and decisionally brutal to police personnel serving the nation, speak to a body of persons, with hearts of evil and venom on their tongues, have caused rank and file members to be more fearful of their membership, than of the \u2018Covid-19 Pandemic.\u2019 <\/strong>Without a shadow of doubt, has caused to some people total embarrassment, while to a goodly number of Police officers \u2018Endless Horrors.\u2019 <\/strong><\/p>\n

CAPACITY AS WIFE<\/strong><\/p>\n

A reasonable man shall know that a woman in her \u2018Capacity as Wife,\u2019 s<\/strong>avoring the enjoyment and protection of communication between \u2018Spouses,\u2019<\/strong> may pose certain questions to her husband. In the case of \u2018Wife Maria Browne,\u2019<\/strong> she may have jestingly asked; \u2018\u2026Honey, why are there so many idiots serving on the Police Service Commission (PSC)?\u2019 <\/strong>Himself a provocative and prolific user of \u2018colorfully descriptive language,\u2019 may momentarily pause before responding. Displaying a coy, yet e<\/strong>ndearing smile while availing himself of \u2018Special Dispensation\u2019<\/strong> for physical distancing protocol, gently placing his arms around her shoulders, could never have meant anything that had not crossed her mind. Cuddling and delivering an endearing \u2018cheeky kiss,\u2019 he may have softly whispered; \u2018Darling,<\/strong> sometimes that happens when \u2018Square Pegs are placed in Round holes.\u2019<\/strong>\u00a0 Thus, some fruitless trees shall be fell.<\/p>\n

CUTIE \u2013 DAVID – GERRY<\/strong><\/p>\n

She may still have been worried over the way the \u2018Police Service Commission\u2019<\/strong> was handling the \u2018Wendell Robinson Dismissal without Benefits.<\/strong> He may also have retorted; \u2018There have been sufficient problems in; (a) <\/strong>\u2018\u2026Managing the Covid-19 Pandemic; and (b) \u2026Sourcing more Vaccines and finding money for Salaries and money to pay pensioners.\u2019These are much more troubling than worrying over the \u2018Commission and Kelvin John; \u2026They have \u2018Cutie\u2019 and \u2018Gerry\u2019 to give the Chairman legal advice.\u2019 <\/strong>Giving a cautionary word, he may also have said; Reveal nothing we have discussed in the privacy of our home, neither to the Chairman, nor members on the \u2018Commission. They shall know that\u2018\u2026Time is longer than rope.\u2019<\/strong><\/p>\n

CONCLUSION<\/strong><\/p>\n

Acting in the capacity of \u2018Acting Judge of the \u2018Eastern Caribbean Court (ECSC},<\/strong> slipped into the \u2018\u2026Dark Recesses of the Mind.\u2019 <\/strong>Thus, he may have inadvertently overlooked the fundamental Case, \u2018Berenice Freeman v Public Service Commission (PSC) et al.\u2019<\/strong> Presiding in this particular case and making specific Orders for benefits for \u2018Forced Retirement\u2019 <\/strong>from the \u2018British Virgin Islands Public Service,\u2019 Acting Judge, His Lordship Kelvin John\u2019 <\/strong>would have done justice, not only to the Claimant, but also to his \u2018Sense of reasoning and judgment. In his dicta, he wrote inter alia; (i)<\/strong> \u2018\u2026It is hereby declared that the recommendation by the Public Service Commission (PSC) to the Governor to retire the Claimant in the public interest is unlawful; and (ii)<\/strong> \u2026The Governor\u2019s acceptance and decision to retire the Claimant is unlawful, and so declared\u2019<\/strong> [Paragraph 130]. From developments in the \u2018Wendell Robinson v Police Service Commission et al\u2019 [ANUHCV: 2018\/0202], Case, <\/strong>his sense of reasoning and judgment, appeared to have deserted his senses, if not intellect. ***<\/p>\n

\u00a0<\/strong><\/p>\n

\"\"<\/a><\/div>","protected":false},"excerpt":{"rendered":"

Rawlston Pompey In a Law enforcement career, and likened to every aspirant to the legal fraternity, including \u2018Kelvin John,\u2019 Wendell Glenroy Robinson\u2019 seized every opportunity in educating himself, increased his intellectuality and to advance professionally. Pursuing studies to achieve these were not only costly, but also distressful. Subsisting upon \u2018Sardines, English muffins and biscuits\u2019 the […]<\/p>\n","protected":false},"author":3,"featured_media":11633,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-127114","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nCOMMENTARY: Wendell Robinson: Down The Tunnel Of Despair - Antigua News Room<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/antiguanewsroom.com\/commentary-wendell-robinson-down-the-tunnel-of-despair\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"COMMENTARY: Wendell Robinson: Down The Tunnel Of Despair\" \/>\n<meta property=\"og:description\" content=\"Rawlston Pompey In a Law enforcement career, and likened to every aspirant to the legal fraternity, including \u2018Kelvin John,\u2019 Wendell Glenroy Robinson\u2019 seized every opportunity in educating himself, increased his intellectuality and to advance professionally. 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Pursuing studies to achieve these were not only costly, but also distressful. 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