{"id":154900,"date":"2022-06-30T07:30:49","date_gmt":"2022-06-30T11:30:49","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=154900"},"modified":"2022-06-30T07:31:46","modified_gmt":"2022-06-30T11:31:46","slug":"criminal-law-wendell-robinson-the-barrister","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/criminal-law-wendell-robinson-the-barrister\/","title":{"rendered":"Criminal Law: Wendell Robinson: The Barrister"},"content":{"rendered":"
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Rawlston Pompey<\/strong><\/p>

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No governmental administration shall ever be seen as using or employing the \u2018Judiciary\u2019<\/strong> to; (a)<\/strong> Frustrate; (b)<\/strong> Humiliate; (c)<\/strong> Repress; or (d) <\/strong>Uses any Commission, be it; \u2018ABEC; Labour; Public or Police\u2019<\/strong> to exact egregious punishment upon any of its employees, and by extension its citizens. Neither shall an administration suffer any \u2018Law Firm\u2019 fleece resources not sufficiently flowing or adequately reserved in the national coffers. Moreover, no administration, shall encourage, facilitate, abide, counsel or aid any governmental agencies, departments or bodies to deny benefits legitimately earned, due and payable. They shall also not trespass upon the tolerance of those that have faithfully served the nation.<\/p>\n

PERSPECTIVE<\/strong><\/p>

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This commentary looks at the \u20187-member Police Service Commission (PSC),<\/strong>\u2019 led by \u2018Chairman Kelvin John\u2019 <\/strong>and its handling of the \u2018Wendell Robinson Affairs.\u2019<\/strong> More importantly, the commentary looks at his progress following his \u2018Summary Dismissal.\u2019<\/strong> This resulted when the membership appeared to have gravely misguided themselves by making decisions the \u2018Judiciary\u2019 found to have been starved of procedural knowledge and want of justification. It also looks at the \u2018Appellate Ruling\u2019 <\/strong>and successful strides made in the \u2018Legal Profession\u2019<\/strong> as a \u2018Defence Attorney.\u2019 <\/strong>Firstly, however, it looks of the behavior of the \u2018Commission\u2019<\/strong> toward the faithful, loyal, competent and committed within the \u2018Police Service.\u2019<\/strong><\/p>

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SUPREMACY OF GOD<\/strong><\/p>\n

Those recognizing the constitutional principle that acknowledges the \u2018Supremacy of God,\u2019<\/strong> shall have no difficulty accepting the scriptural teachings. That has been the primary principle upon which this nation was founded [CO: 1981: Principal \u2018A\u2019]. <\/strong>One such teaching speaks to \u2018Man\u2019s heart\u2019 as being deceitful and desperately wicked\u2019 [Jeremiah 17: 9]. <\/strong>Accepting such teaching and believing the truthfulness of the \u2018Holy Scriptures,\u2019<\/strong> few would deny that man has brought nothing, but frustration and miseries unto his fellow-men.<\/p>

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HOPELESSNESS AND UNCERTAINTY<\/strong><\/p>\n

Relating this to service organizations, more specifically, the \u2018Police Service,\u2019<\/strong> it will have been seen that many devoted and deeply committed personnel have been distressed, demoralized and frustrated into a Sense of Hopelessness and Uncertainty.\u2019<\/strong> Such \u2018Truths,\u2019 <\/strong>may have manifested by the ill-advised decision to make vacant the office of \u2018Commissioner of Police.\u2019 <\/strong>While some personnel may have been their worst enemies, most have been given reasons to blame their frustration, miseries and stagnated positions upon those they continue to see as saboteurs to their chosen Law Enforcement Career. The readily identifiable culprit has been the \u2018Police Service Commission (PSC).<\/strong><\/p>

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IRRATIONAL DECISIONS<\/strong><\/p>

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It shall be considered no exaggeration to say that \u2018Irrational Decisions\u2019 <\/strong>had been taken by members on both the \u2018Police and Public Service Commissions.\u2019<\/strong> These have resulted in several officers initiating litigious proceedings against it. The litigating personnel had been driven to the \u2018Judiciary,\u2019<\/strong> either in quest of (i) \u2018\u2026Social justice; or (ii) \u2026Challenging their promotion policies; or (iii) \u2026Discriminatory practices.\u2019<\/strong> Such was when aggrieved employees or Law enforcement personnel saw \u2018Public authorities,\u2019<\/strong> in the instant case, the \u2018Police Service Commission (PSC\u2019 <\/strong>were given reasons to feel disadvantaged. Its membership has brought notoriety to the body when, summarily they have dismissed \u2018former Commissioner of Police Wendell Robinson,\u2019<\/strong> without service benefits.<\/p>\n

ANIMOSITY-FESTERED <\/strong><\/p>\n

A victimizing mentality and a culture and practice that seemed to have developed amongst members of the \u2018Police Service Commission (PSC),\u2019<\/strong> were said to have been limited to a few nepotists. Police personnel have seen \u2018an Animosity-Festered Police Service.\u2019<\/strong> They have seen disaffection rife among the rank-and-file members. An overwhelming majority has seen a practice, whereby personnel have been elevated beyond the level of their professional competencies. This was reported to have been observed by the faithful and loyal members of the \u2018Police Service.\u2019 <\/strong>Moreover, personnel now see identifiable members as threat to the welfare of the general membership of the Police Service.<\/p>\n

INSULT TO INJURY<\/strong><\/p>\n

For instance, that which seemed to have troubled many personnel, has been \u2018an Insult\u2019 <\/strong>that was added to \u2018Injury.\u2019<\/strong> Many personnel have not only expressed resentment to those on the \u2018Police Service and Police Service Commission (PSC),\u2019 <\/strong>but also abhorred practices viewed as \u2018Cronyism; Nepotism and Insularity.\u2019 <\/strong>Personnel have seen a \u2018Fire Brigade Training Instructor\u2019<\/strong> being overlooked for elevation. They have also seen a \u2018Female Recruit\u2019 t<\/strong>he training instructor had lectured some fourteen years ago at the \u2018Sir Wright F. George Training Academy.\u2019 <\/strong>These occurrences, they have viewed as vexatious to the human spirit and inimical to the welfare of all serving members within the \u2018Police and Fire Brigade Services.\u2019 <\/strong><\/p>\n

REASONABLE EXPECTATIONS<\/strong><\/p>\n

From professional and administrative knowledge, except for one of these members, others had either prostituted their positions, opting for \u2018Greener Pastures\u2019<\/strong> or for reasons of \u2018Absenteeism,\u2019<\/strong> found ways to avoid their law enforcement duties. These are well-documented. Their membership on the \u2018PSC\u2019<\/strong> has not only provoked accusation of a desire in bringing woe upon the loyal, faithful and competent personnel, but also accusations of either shown scant regard or contempt to that which some \u2018Retirees\u2019 and serving members have been seen as offensive to what has been considered \u2018Reasonable Expectations.\u2019<\/strong><\/p>\n

ACRIMONIOUSLY AND UNCEREMONIOUSLY<\/strong><\/p>\n

Having served the nation for some \u201832 years in Law enforcement,\u2019<\/strong> former Commissioner of Police \u2018Wendell Robinson<\/strong>\u2019 appeared to have been \u2018Acrimoniously and Unceremoniously,<\/strong>\u2019 removed from the office of \u2018Commissioner of Police\u2019 [Observer: November 25, 2019].\u2019<\/strong> Taking litigious action, the membership of the \u2018Police Service Commission (PSC), resolutely, instructed their attorneys, \u2018Watt and Associates,\u2019<\/strong> represented by \u2018Dr. David Dorset\u2019<\/strong> to file counter Claims. These were intended to have the litigant\u2019s Claims struck out, either for want of jurisdiction on matters of constitutionality.<\/p>\n

STAY OF EXECUTION<\/strong><\/p>\n

The Civil Claims, heard by \u2018Her Ladyship, Madame Justice Ann Marie Smith\u2019<\/strong> who allowed a four -day \u2018Stay of Execution\u2019 [Observer: March 31, 2021], <\/strong>the \u2018PSC\u2019 moved swiftly to engage the \u2018Itinerant OECS Intermediate Court,\u2019 <\/strong>the \u2018Eastern Caribbean Supreme Court (ECSC). <\/strong>Contending that the hearing was flawed by procedural irregularities and inconsistencies in the manner the proceedings were conducted, the \u2018Eastern Caribbean Supreme Court (ECSC),<\/strong>\u2019 led by \u2018Madame Chief Justice, Dame Janice Pereira,\u2019<\/strong> set aside the Judgment of \u2018Her Ladyship Madame Justice Ann Marie Smith.\u2019 <\/strong>Accepting those arguments, the \u2018Appellate Court\u2019<\/strong> ordered that the \u2018Litigant\u2019s Claim\u2019<\/strong> be returned to the \u2018High Court of Justice,\u2019<\/strong> and be heard by another Judge [May 21, 2021].<\/strong> Guided by such directions, \u2018His Lordship, Justice Peter Gordon Smith\u2019 <\/strong>heard the litigant\u2019s Claims [ANUHCV: 2020\/0217],<\/strong>\u2019 and accordingly ruled that the \u2018Suspension\u2019 <\/strong>from office\u2019 borne no justification.<\/p>\n

SUSPENSIONS AND DISMISSAL<\/strong><\/p>\n

The \u2018Arbitrary Suspension<\/strong>\u2019 and \u2018Summary Dismissal\u2019<\/strong> of then \u2018Commissioner of Police, Wendell Robinson,<\/strong>\u2019 saw an enlightened \u20187-member Commission (PSC)\u2019 <\/strong>bringing upon itself legal problems that necessitated \u2018Judicial Intervention.\u2019<\/strong> The decision to \u2018Suspend\u2019<\/strong> as well as the \u2018Decision to Dismiss,\u2019<\/strong> seemed reek of acrimony and victimization. Whether or not acted on collective impulse or legally guided, through a non-disciplinary process the \u2018PSC\u2019<\/strong> has done that which was not obtained anywhere in the \u2018African Jungle.\u2019<\/strong> Instructively, these decisions were reportedly taken when members of \u2018Reason and Conscience,\u2019<\/strong> unjustifiably ended his \u2018Chosen Law Enforcement Career\u2019 [October 26, 2020].<\/strong><\/p>\n

STATE OF EMBATTLEMENT<\/strong><\/p>\n

Firstly, in his preferred and chosen \u2018Law Enforcement Career,\u2019<\/strong> at a time when \u2018cronyism, nepotism and insularity\u2019 were not necessarily militating factors against elevation. Consequently, \u2018Wendell Robinson\u2019<\/strong> elevated from the rank of \u2018Constable to Corporal to the Inspector.\u2019<\/strong> Forced into a \u2018State of Embattlement,\u2019<\/strong> yet conscious of the fights ahead, the Litigant\/Claimant appeared undaunted. He had made it demonstrably clear that whatever it took, with sinew and muscle, he was prepared to fight for that which was right, fair and just and that which represented the concept \u2018Social Justice.\u2019 <\/strong>He was accused of \u2018professional indiscretions. The allegations were serious. The difficulties became monumental and the legal struggles mounted.<\/p>\n

RETIREMENT BENEFITS<\/strong><\/p>\n

It all started with the accusatory lips of subordinates of inappropriate behavior. Then by perceived acts of acrimony, the embattled \u2018Commissioner of Police\u2019 <\/strong>experienced nothing but frustration, financial hardship and misery. These were worsened by a \u2018Comedy of Errors\u2019<\/strong> by the \u20187-member Police Service Commission (PSC).\u2019<\/strong> Collaboratively, the \u2018Police Retirees\u2019 on the \u2018Commission,\u2019<\/strong> having reached the \u2018Mandatory Age of Retirement,\u2019 <\/strong>lend support to membership. This occurred even as they continue to enjoy their \u2018Retirement Benefits\u2019 <\/strong>and gratuitously provided opportunities for another<\/strong> source of income.<\/strong><\/p>\n

SPECIAL PRIVILEGE<\/strong><\/p>\n

Noting that among its membership are three \u2018Police Retirees,\u2019 <\/strong>as former colleagues and superiors, many rank-and-file members saw their \u2018Value\u2019<\/strong> to the \u2018PSC\u2019<\/strong> as more \u2018Numerical\u2019 <\/strong>and supportive by \u2018Yes Votes.\u2019 This is particularly observed by<\/strong> decisions viewed as intended to demoralize and retard the progress of the \u2018Competent,\u2019<\/strong> while creating opportunities for the \u2018Incompetent.\u2019<\/strong> Many have seen their membership on the \u2018PSC\u2019 as void of merit. They have considered it a \u2018Special Privilege\u2019<\/strong> than for their professional understanding of the human resource, its value and worth to law enforcement and by extension, the society and \u2018Rule of Law.\u2019 <\/strong><\/p>\n

COMEDIC SEQUEL<\/strong><\/p>\n

There appeared to have been no end to the \u2018Comedic Sequel.\u2019<\/strong> Making themselves \u2018CARICOM Comedians,\u2019 <\/strong>serving officers from \u2018Barbados, Guyana and Trinidad and Tobago,\u2019<\/strong> were accorded status of \u2018Special Constables.\u2019<\/strong> They were directed to conduct investigations into allegations made against \u2018former Commissioner of Police, Wendell Robinson.\u2019<\/strong> Consequent upon their findings, they were to prepare and serve disciplinary charges of \u2018Discreditable Conduct\u2019<\/strong> against him. These were to be compliantly done under \u2018Police Discipline Regulations.\u2019<\/strong> Unfamiliarity with the statutorily provided disciplinary regulations intended to address breaches of discipline committed by personnel of the ranks of; (i) \u2018\u2026Inspector: (ii) \u2026Senior Sergeant; (iii) \u2026Sergeant; (iv) \u2026Corporal; and (v) …Constable,\u2019 were wrongly followed and applied<\/strong> [Chapter 330].<\/p>\n

SUSPENSION AND DISMISSAL<\/strong><\/p>\n

To all intents and purposes, the body either ill-advisedly or misguidedly \u2018Suspended <\/strong>him [Observer: April 5, 2018].\u00a0 <\/strong>The aggrieved litigant, forced by necessity,<\/strong> instituted civil proceedings against the \u2018Police Service Commission (PSC)\u2019 for his \u2018Suspensions and Dismissal\u2019<\/strong> from the \u2018Police Service.\u2019 It was made acrimoniously clear by the misguided application of disciplinary regulations not intended for \u2018Gazetted Police officers.\u2019<\/strong> It was obvious that in their exuberance, the \u2018PSC,\u2019<\/strong> had followed the wrong disciplinary procedures. In seeking redress and pursuit of \u2018Social Justice,\u2019<\/strong> this necessitated intervention by the \u2018Judiciary.<\/p>\n

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

The \u2018PSC\u2019 membership was neither prepared to give in, nor give up without \u2018Legal Fights.\u2019 <\/strong>Causing visitation upon \u2018Her Ladyship, Madame Justice Ann Marie Smith\u2019s<\/strong> Judgment,\u2019<\/strong> the \u2019PSC,\u2019<\/strong> unhesitatingly resorted to the \u2018Intermediate Appellate Court- \u2018Eastern Caribbean Supreme Court (ECSC).\u2019<\/strong> Successfully challenging the \u2018First Instance Judgment,\u2019 <\/strong>the membership was placed in no advantageous position. The \u2018Appellate Court,\u2019<\/strong> setting aside \u2018Her Ladyship\u2019s Ruling\u2019 and simply ordered that another Judge conducting hearing into the \u2018Claims, then at Bar. Ensuring that justice appeared to have been manifestly served, the \u20183-Member Appellate Court\u2019<\/strong> ordered that the \u2018Civil Claims\u2019<\/strong> be referred back to the \u2018First Instance Court.\u2019 <\/strong><\/p>\n

STATE RESOURCES<\/strong><\/p>\n

A \u2018Second Suspension\u2019<\/strong> appeared most financially troubling to the \u2018Litigant\/Claimant, Wendell Robinson.\u2019 <\/strong>While the \u2018Litigant\/Claimant\u2019<\/strong> struggled to meet legal fees, with unimpeded access to public funds, the membership litigiously and parasitically, delighted themselves in using \u2018State Resources\u2019 <\/strong>against him. Likened in the \u2018First Instance Court,\u2019<\/strong> attorneys for the \u2018PSC\u2019 <\/strong>contended, and rightly so, that the aggrieved litigant had taken \u2018Matters of Constitutionality\u2019<\/strong> before the wrong Court. It was further contended that the litigant had ignored provisions contained in the \u2018Constitution Order,\u2019<\/strong> that allowed for the \u2018Public Service Board of Appeal\u2019<\/strong> to perform its function [CO: 1981: Section 107 (d)].<\/strong><\/p>\n

JUDICIAL HEARING<\/strong><\/p>\n

Firstly, when the matter was given \u2018Judicial Hearing,\u2019<\/strong> rightly or wrongly, \u2018Her Ladyship, Madame Justice Anne Marie Smith\u2019<\/strong> determined that the \u2018Police Service Commission (PSC)\u2019<\/strong> showed no lawful procedural basis for the initial \u2018Suspension.\u2019 <\/strong>Consequently, the judicial proceedings saw an unfavorable \u2018High Court\u2019 <\/strong>decision being delivered against it. In the \u2018Judgment, \u2018Her Ladyship\u2019<\/strong> closely looked at the statutory provision that unambiguously states; \u2018The Commission may order the dismissal from the Force of any \u2018Inspector, Subordinate Police officer or Constable\u2019 for any breach of any regulations made under this Act\u2019 [Section 34: Police Act: Chapter 330].<\/strong><\/p>\n

MATTERS OF CONSTITUTIONALITY<\/strong><\/p>\n

Be that as it may, \u2018Her Ladyship\u2019<\/strong> appeared not to have been sufficiently persuaded, proceeded with \u2018Civil Claims\u2019<\/strong> that were at Bar, and delivered a judgment adverse to the \u2018PSC.<\/strong>\u2019 This however, was short-lived. Given that which is contained in the disciplinary provisions, \u2018Her Ladyship\u2019 <\/strong>gave careful judicial scrutiny at the statutory disciplinary provisions [Sections 34 & 37: Police Act: Chapter 330]. <\/strong>That which remains irrefutable, has been the regulations cited, are applicable only to: (i) \u2026Inspectors: (ii) Subordinate Police officers; and (iii) Constables.<\/strong>\u2019<\/p>\n

STAY OF EXECUTION<\/strong><\/p>\n

Allowed a four -day \u2018Stay of Execution\u2019 [Observer: March 31, 2021], <\/strong>the \u2018PSC\u2019 moved swiftly to engage the \u2018Itinerant OECS Intermediate Court,\u2019 <\/strong>the \u2018Eastern Caribbean Supreme Court (ECSC).<\/strong> Charging judicial irregularities and inconsistencies in the manner the proceedings were conducted, the \u2018Eastern Caribbean Supreme Court (ECSC),<\/strong>\u2019 led by \u2018Madame Chief Justice, Dame Janice Pereira,\u2019<\/strong> set aside the Judgment of \u2018Her Ladyship.\u2019 <\/strong>The \u2018Superior Appellate Court\u2019 ordered that the \u2018Litigant\u2019s Claim\u2019<\/strong> be returned to the \u2018High Court of Justice,\u2019<\/strong> and be heard by another Judge [May 21, 2021]. As its membership shouted with glee, the litigant and Claimant \u2018Wendell Robinson\u2019 <\/strong>frustrated and financially-challenged, had been plunged deeper into \u2018Financial Misery.\u2019 <\/strong><\/p>\n

JUDICIALLY CORRECT<\/strong><\/p>\n

Concerning the constitutionality of the issues raised, given and guided by two earlier \u2018Judgments\u2019 <\/strong>respecting the contentious and Summary Dismissal of then \u2018Commissioner of Police Gary Nelson,\u2019 [Gary Nelson v Attorney General et al\u2019 ANUHCV: 2008\/0552 & HCVAP: 2009\/011], <\/strong>the arguments advanced by attorneys for the \u2018PSC,\u2019 <\/strong>would have been judicially correct. Still, appearing neither convinced nor persuaded that the legislators intended the provisions to be applied against officers above the Inspectorate rank, guided by these provisions and directing herself, \u2018Her Ladyship\u2019<\/strong> accordingly, delivered a \u2018Judgement\u2019<\/strong> contrary to the expectations of members of the \u2018Police Service Commission (PSC). <\/strong><\/p>\n

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

Guided by such directions, \u2018His Lordship, Justice Peter Gordon Smith\u2019 <\/strong>heard the Litigant\u2019s Claims [ANUHCV: 2020\/0217].<\/strong>\u2019 He too, ruled that the \u2018Suspension\u2019 <\/strong>from office\u2019 borne no justification. Recognizing \u2018Procedural Deficiencies\u2019<\/strong> as they affect \u2018Disciplinary Regulations\u2019<\/strong> to address conduct inconsistent with good discipline by officers above the rank of \u2018Inspector of Police,\u2019 <\/strong>he continues \u2018It could mean that the Legislature intends a different regime for the disciplining of senior officers.\u2019 <\/strong>His Lordship,\u2019 advisedly, yet discretely suggested the \u2018promulgation of democratically applicable regulations by the Police Service Commission for the disciplining police officers under its powers\u2019 [ANUHCV: 2020\/0217<\/strong>].<\/p>\n

SUMMARILY DISMISSED<\/strong><\/p>\n

The provision contained in the \u2018Police Act,\u2019<\/strong> states; \u2018An Inspector, Subordinate Police officer or Constable against whom a complaint, information or charge is made for breach of any disciplinary regulations made under this Act,<\/strong> may, and until the final determination of such complaint or charge, be \u2018Suspended from Office\u2019<\/strong> and placed on half pay by the Commission\u2019 [Section 37: Police Act: Chapter 330]. The composition of the \u2018Commission\u2019 included \u2018six Men\u2019<\/strong> and one \u2018Woman.\u2019 <\/strong>They were intelligent; of high repute and good standing on the august body. Yet heartlessly and punishingly, the membership \u2018Denied\u2019<\/strong> him duly accrued \u2018Service Benefits.\u2019 <\/strong>This occurred when, collectively, unanimously and abruptly, and likened to \u2018expatriate Commissioner Gary Nelson,<\/strong>\u2019 they \u2018Summarily Dismissed\u2019<\/strong> him from the \u2018Police Service\u2019<\/strong> [ANR: November 26, 2019].<\/strong><\/p>\n

SENTIMENTAL HYPOCRISY<\/strong><\/p>\n

Instructively, only \u2018former Commissioner Truehart Smith\u2019 <\/strong>who took his \u2018Suspension\u2019 <\/strong>to the constitutionally-symbolic and powerless \u2018Public Service Board of Appeal.\u2019<\/strong> Even with a \u2018Favorable Ruling\u2019<\/strong> by this body, the membership of the \u2018PSC\u2019 then, showed complete disregard to the constitutional body. Neither himself, nor any other \u2018Suspended or Sacked\u2019<\/strong> Commissioner,\u2019 ever returned to the office of Commissioner. Respecting the \u2018Judgment\u2019 of \u2018Her Ladyship, Madame Justice Ann Marie Smith,\u2019 <\/strong>expressing \u2018Sentimental Hypocrisy,\u2019 <\/strong>through the voice of its \u2018Attorney Dr. David Dorsett,\u2019<\/strong> members of the \u2018PSC\u2019<\/strong> were to be saying; \u2018The Police Service Commission acknowledges the important and indispensable role of the Court in the delivery of justice to persons who are at the decisions of public authorities.\u2019<\/strong><\/p>\n

EXPRESSING DISSENT<\/strong><\/p>\n

With the knowledge possess and experience gained from a legal practice and at the \u2018Bar\u2019 as Acting Judge with the \u2018Eastern Caribbean Supreme Court (ECSC,\u2019<\/strong> \u2018Kelvin John,\u2019 <\/strong>the duly appointed Chairman, led six other members. Among them were \u2018three Retirees from the Police Service\u2019 [2014-].<\/strong> Though not necessarily to be apportioned blame, still with their individual and collective knowledge of \u2018Force Discipline; Rules and Procedures,\u2019<\/strong> the Commission\u2019 shall not have made three fundamental procedural blunders. Clearly \u2018Expressing Dissent\u2019 on behalf of <\/strong>the \u2019PSC,\u2019 Attorney continued; \u2018However, the Police Service Commission findings on the declaration made by \u2018Her Ladyship Madame Justice Ann Marie Smith\u2019 <\/strong>concerning., and on account of that concern, is mounting an appeal against the decision\u2019 [Observer: March 27, 2021].<\/strong><\/p>\n

SUSPENDED OR SACKED<\/strong><\/p>\n

Apart from the unfortunate \u2018Wendell Robinson\u2019 [November 26, 2020], <\/strong>of academic interest has been t<\/strong>he fate of several other \u2018Suspended or Sacked\u2019 Commissioners of Police.\u2019 His suspension and dismissal\u2019<\/strong> have evoked memories<\/strong> of the fate of others. These included; \u2018Suspended<\/strong> Commissioners (i) \u2018Truehart Smith OM, QPM <\/strong>[Montserrat Reporter Vol xvii No.12 April 4, 2003<\/strong>]; and (ii) Vere Browne\u2019 [Pride News: January 21, 2015]; <\/strong>and \u2018Summarily Removed Commissioners; (iii) \u2026Delano Christopher [2008]; and (iv) \u2026Expatriate Canadian national, Gary Nelson [2010].<\/strong><\/p>\n

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

Mindbogglingly, with an adequately and competently staffed \u2018Ministry of Legal Affairs and Justice,\u2019<\/strong> availing itself of \u2018State Resources,\u2019 <\/strong>the Commission, through legal contractual arrangements with certain \u2018Law Firms,\u2019<\/strong> had sought through the Judiciary, to correct two procedurally-incorrect \u2018Suspensions\u2019<\/strong> and an acrimonious \u2018Dismissal.\u2019<\/strong> Seemingly hell bent on increasing his miseries, the \u2018PSC\u2019s\u2019 attorneys \u2018Watt and Associates,<\/strong>\u2019 through \u2018Dr. David Dorsett,\u2019<\/strong> successfully petitioned the \u2018Appellate Court\u2019 to dismiss the \u2018Constitutional Claims.\u2019 Compliant with the orders,\u2019 \u2018His Lordship, Justice Peter Gordon Smith\u2019 <\/strong>and concluding the hearing, arrived at a similar decision.<\/p>\n

DISSENTLY ANGRY<\/strong><\/p>\n

Carefully observing the procedures followed by the \u2019Police Service Commission (PSC)\u2019 <\/strong>in making its decisions, \u2018His Lordship Justice Peter Gordon Smith\u2019 <\/strong>concluded that the \u2018PSC\u2019<\/strong> and its attorneys had faltered in their interpretation of the law. Consequently, <\/strong>he may have made \u2018Chairman Kelvin John,<\/strong>\u2019 with the \u2018CCJ\u2019 Commissioners, namely; Claudette Brathwaite-Mason; Cosmas Marcelle: James Hill: <\/strong>and Ewart \u2018Lee\u2019 Williams: Regis Burton: and Rupert Pell (deceased); \u2018Dissentingly Angry.\u2019<\/strong> Showing contempt to the \u2018Judgement,\u2019<\/strong> hardly rising from the \u2018Bar\u2019<\/strong> to retire to the \u2018Judges Chambers,\u2019<\/strong> the \u2018Litigant\/Claimant, Wendell Robinson\u2019<\/strong> was again slapped with another \u2018Suspension\u2019 [October 26, 2018].<\/strong><\/p>\n

INAPPLICABLE TO APPLICANT<\/strong><\/p>\n

His Lordship knew that glass, in whatever shape or form was neither flexible nor stretchable. Submitting that the regulations were applicable to the \u2018Litigant,\u2019 subtly, \u2018His Lordship\u2019<\/strong> wrote; \u2018To attempt to adapt to include the Commissioner, would be to force it, like \u2018Cinderella\u2019s Glass Slippers\u2019 onto a foot that cannot fit into it\u2019<\/strong> [ANUHCV: 2018\/0202]. He was adamant that the statutory provisions referred, argued, and relied upon by its attorneys, were \u2018Inapplicable to the Litigant.\u2019<\/strong> The applicability of such provisions was to officers of certain ranks as the statute stipulates\u2019 [Sections 34 and 37: Police Act: Chapter 330]. <\/strong>The legal battle continues.<\/p>\n

ASPIRE AND ACHIEVE<\/strong><\/p>\n

The ambitious have always endeavored to \u2018Aspire and Achieve.\u2019<\/strong> His aspirations and achievements differ from most. Contrastingly, others that have pursued certain studies or seized opportunities for \u2018Self-Actualization,\u2019<\/strong> had in fact distanced themselves from active policing and police-related duties. Some became Side-walk and building contractors and vendors; some Soup kitchen directors; and some private security contractors.\u2019 These were mostly supplemental to the meagre salaries and \u2018Non-Risk Allowance.\u2019<\/strong> Thus, they had positioned themselves to earn and possess more disposable income. Some officers not performing active police duties, appear to have become \u2018Very Happy\u2019 [Commissioner Atlee Rodney]. <\/strong>Those enjoying \u2018Happiness\u2019<\/strong> appear to have completely divorced themselves from the Police Service.<\/p>\n

UNSOLICITED SECONDMENT<\/strong><\/p>\n

Unlike those that had prostituted on the Police Service, \u2018Wendell Robinson\u2019<\/strong> made it demonstrably \u2018Pellucid\u2019<\/strong> [Sir Lester Bird] that he was trained for no other role, but Law enforcement. For instance, he was not amused, and disdainfully declined a \u2018Cabinet-approved Secondment\u2019<\/strong> to the \u2018Office of National Drug Control and Prevention Policy (ONDCP).\u2019<\/strong> Void of consultations, such \u2018Unsolicited Secondment\u2019<\/strong> will have uncomfortably placed him under the \u2018Directorship\u2019 of then \u2018Drug Czar Renford Ferrance\u2019 [1999].<\/strong><\/p>\n

WAR OF ATTRITION<\/strong><\/p>\n

Beyond every dark cloud is said to be a \u2018Silver Lining.\u2019<\/strong> At the end of the tunnel, no matter how feint, there is also said to be light. \u00a0There is also \u2018Hope\u2019<\/strong> for the \u2018Hopeful.\u2019<\/strong> With a steely resolve and will to \u2018Survive and Succeed,\u2019<\/strong> if man is to prevail over man-made adversities, man must constantly strive to overcome them. This may have been the philosophical approach to adversities said to have been brought upon \u2018Wendell Robinson 54,\u2019 <\/strong>by a \u2018Police Service Commission (PSC).\u2019 <\/strong>Seemingly indulge in a \u2018War of Attrition\u2019<\/strong> and transfixed on acrimonious punishment, its membership had wasted little time in bringing an end to a successful career. In the face of such adversities, he too may have come to the realization that in life, there is turmoil and confusion. Yet, it is filled with opportunities and endless possibilities.<\/p>\n

PERSEVERED \u2013 PURSUED – PREVAILED<\/strong><\/p>\n

Seemingly philosophically guided by the clich\u00e9; \u2018Where there is a will, there is a way,\u2019<\/strong> the Litigant\/Respondent, \u2018Persevered; Pursued and Prevailed.\u2019 <\/strong>From professional and administrative knowledge, unlike some personnel many known to have prostituted upon the \u2018Police Service,\u2019<\/strong> \u2018Wendell Robinson\u2019<\/strong> had used it only as a spring board to achieving a \u2018Legal Career.\u2019 <\/strong>Having underwent and successfully completed legal studies, he returned to active \u2018Police Duties.\u2019<\/strong> This, undoubtedly, speaks to \u2018Undivided Loyalty\u2019<\/strong> to the \u2018Police Service; the citizenry and the nation.\u2019<\/strong> There was devotion to duty and deep commitment that in a civilized society, whatever the considerations, order and the \u2018Rule of Law\u2019 <\/strong>shall prevail.<\/p>\n

PURPOSE AND PATRIOTISM<\/strong><\/p>\n

Thus, with a deep sense of \u2018Purpose and Patriotism,\u2019<\/strong> he acquitted himself exceedingly well. Wendell Robinson saw himself only as a professional. He pursued set and attainable \u2018Professional Goals.<\/strong>\u2019 For instance, during his tenure, he successfully completed legal studies in the \u2018United Kingdom.\u2019<\/strong> Then upon returning, he continued his professional law enforcement career. On active police duties, he served at the \u2018Criminal Investigations Department.\u2019<\/strong> Subsequently he headed the \u2018Police Prosecution Unit.\u2019<\/strong> Then as \u2018Retirement Vacancies\u2019<\/strong> allowed, he moved up the ranks rapidly. Then eventually to the enviable position of \u2018Commissioner of Police.\u2019<\/strong> This resulted after the \u2018Suspension of Commissioner of Police Vere Browne [2015].\u2019<\/strong> He was well- positioned to fill the vacancy. [2015 – 2018].<\/strong><\/p>\n

ALL THAT WAS YESTERDAY<\/strong><\/p>\n

Yester-Year,<\/strong> he has enjoyed a successful \u2018Law enforcement Career.\u2019<\/strong> This reportedly spanned 32 years before being \u2018Summarily Sacked.\u2019 <\/strong>He has encountered adversities of one kind or another. He has seen the sun shining, yet not positioned to make hay. When the days darkened, it was not necessarily that rain fell. The \u2018Saharan Dust\u2019<\/strong> had placed a spell of obscurity in its path. Yet he was able to negotiate life\u2019s winding path. His most memorable assignment was when he opted for the prestigious assignment at the office of the \u2018Director of Public Prosecutions (DPP).\u2019<\/strong> Then under the \u2018Prosecutorial Directions and watch of Cosbert Cumberbatch,\u2019 <\/strong>he functioned in the capacity of \u2018Counsel for the Crown\u2019 [2001-2005].<\/strong> Whatever his troubles, \u2018All that was Yesterday\u2019<\/strong> [Eddie Mello].<\/p>\n

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

Today,<\/strong> amidst his trials and tribulations, calamities and adversities, lengthy legal battles, he has embarked upon a \u2018Private Legal Practice.\u2019 <\/strong>Such practice includes (a) \u2018\u2026Civil litigation; and (ii) \u2026Criminal Defence.\u2019 <\/strong>In these practices, he continues to stride and strive. Clients, including litigants, defendants and persons accused of serious acts of criminality, have been keeping his Chambers extraordinarily busy. Thus, few attorneys may be seen as rivals or have been in demand for the legal services, as those he provides. Whatever may have been placed in his path as hindrances, obstacles and hurdles, he has surmounted them all. As a practicing \u2018Barrister-at-Law,\u2019 <\/strong>he continues to \u2018Soar Like an Eagle.\u2019 <\/strong>Even so, he remains optimistic that his legal struggles with the \u2018Police Service Commission (PSC)\u2019<\/strong> will be ceased, and though somewhat illusive, \u2018Social Justice\u2019<\/strong> will soon be achieved. Acknowledged by the people as \u2018Supreme\u2019 [CO: 1981: Founding Principle: \u2018A\u2019], \u2018God\u2019 <\/strong>bless the nation– \u2018Antigua and Barbuda.\u2019 ***<\/strong><\/p>\n

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

Rawlston Pompey No governmental administration shall ever be seen as using or employing the \u2018Judiciary\u2019 to; (a) Frustrate; (b) Humiliate; (c) Repress; or (d) Uses any Commission, be it; \u2018ABEC; Labour; Public or Police\u2019 to exact egregious punishment upon any of its employees, and by extension its citizens. Neither shall an administration suffer any \u2018Law […]<\/p>\n","protected":false},"author":3,"featured_media":148539,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5],"tags":[],"class_list":["post-154900","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nCriminal Law: Wendell Robinson: The Barrister - 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\/criminal-law-wendell-robinson-the-barrister\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Criminal Law: Wendell Robinson: The Barrister\" \/>\n<meta property=\"og:description\" content=\"Rawlston Pompey No governmental administration shall ever be seen as using or employing the \u2018Judiciary\u2019 to; (a) Frustrate; (b) Humiliate; (c) Repress; or (d) Uses any Commission, be it; \u2018ABEC; Labour; Public or Police\u2019 to exact egregious punishment upon any of its employees, and by extension its citizens. 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