{"id":21566,"date":"2018-11-06T23:51:36","date_gmt":"2018-11-07T03:51:36","guid":{"rendered":"https:\/\/antiguanewsroom.com\/?p=21566"},"modified":"2018-11-07T11:26:55","modified_gmt":"2018-11-07T15:26:55","slug":"commentary-wendell-robinsons-disciplinary-debacle","status":"publish","type":"post","link":"https:\/\/antiguanewsroom.com\/commentary-wendell-robinsons-disciplinary-debacle\/","title":{"rendered":"COMMENTARY: Wendell Robinson’s Disciplinary Debacle"},"content":{"rendered":"
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by RAWLSTON POMPEY<\/strong><\/p>

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While\nthe undisclosed expended funds was necessary to seek redress for his \u2018…Summary Suspension,\u2019<\/strong> it also helped\nto highlight certain procedural blunders collectively made by the Police\nService Commission in the process. There now appears to be no end to the\napparent foisted disciplinary troubles on suspended Commissioner Wendell\nRobinson. No sooner he had been forced to expend limited, but substantial\nresource for legal services, in mounting legal challenges to his summary\nsuspension from office, before Belizean Judge with the Eastern Caribbean\nSupreme Court (ECSC), could have \u2018…pocketed his pens; …gaveled his desk;\n… removed his gown; say good bye to Colleague, Justice Keith Thom; …packed\nhis bag with niceties; …looked at his watch and rushed to the VC Bird\nInternational Airport (VCBI) to travel to his assigned jurisdiction-St. Lucia,\u2019\nCommissioner Wendell Robinson had been made to wonder where additional funds can\nbe sourced for another legal tussle with the adequately \u2018…State-resourced\u2019 Police\nService Commission (PSC). <\/p>\n\n\n\n

SUSPENSION LETTER<\/strong><\/p>

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As\nmuch as he possesses an appreciable high level of intelligence and the capacity\nto command, it had been made unmistakably clear that the Commission had exploited\nthe innocence or ignorance of the newly Acting Commissioner of Police Atlee\nRodney. Likened to many other citizens, including Dame Giselle Isaac who was\nforced into litigious mode by agencies of the State, for Commissioner of Police\nWendel Robinson, \u2018…It has been raining as it has been pouring.\u2019 Except for\nteary eyes, it has been about indignation and frustration; …acrimony and\nmisery as it has been costly for visitations to the Judiciary. Since he had\nbeen suspended, he has made his first public comment. This was prompted by a\nsecond \u2018…Suspension Letter,\u2019 <\/strong>reportedly\ndelivered to one of his attorneys. Even so, he has neither lost his position,\nstatus as a member of the Royal Police Force of Antigua and Barbuda nor his\nremunerative entitlements [Sections 6 & 18: Police Act: Chapter 330]. <\/p>

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

Misapplication\nof Disciplinary Regulations specific o the \u2018…Inspectorate; …Subordinate\nPolice Officers and Constables\u2019 had provoked litigation when applied to\nCommissioner of Police Wendell Robinson. Guided by his interpretative skill and\na profound sense of reason, in his Decision, His Lordship, Justice Peter\nGodfrey Smith wrote \u2018…The Regulations\ndo not envisage the investigation of the Commissioner himself and have no\nprovisions to deal with such an eventuality\u2019 [Para. 28: ANUHCV: 2018\/0202]. His\nLordship continues \u2018…It could mean that the Legislature intends a different\nregime for the disciplining of senior officers.\u2019 <\/strong>Finally, he suggested the\npromulgation of Regulations by the Police Service Commission for the \u2018…disciplining\nof police officers under its powers\u2019 [Para.30].   This\nmay have been a learning experience for \u2018PSC\u2019 attorney Dr. David Dorsett. This\ncommentary looks at some of the blunders from (a) \u2018…Malevolent Attitude;<\/strong> (b) …Procedural Errors; (c) …Constitutional\npowers and functions; and (d) …Decision of the Court.\u2019 <\/p>

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RESPONSIBILITY OF\nCOMMISSIONER<\/strong><\/p>\n\n\n\n

Likened\nto all other ranks, the Commissioner of Police has membership status within the\nPolice Service [Police Act: Chapter 330: Section 18]. His appointment is\ncontingent upon constitutional approval of the sitting Prime Minister [CO: 1981:\nSection 105 (3)]. There is no security of tenure. For command and control,\npower resides with the Commissioner to initiate disciplinary actions against\nall members subordinate to him. However, he exercises disciplinary control over\npersonnel below the rank of Sergeant [Section 6: Police Act: Chapter 330: &\nSection 105 (5): CO: 1981]. Though the Commission shall hear appeals for\nunfavorable decisions taken against personnel of the \u2018Corporal and Constable\nrank,\u2019 there is no correspondent-function. However, when it involves the\nCommissioner himself, the Police Service Commission shall determine procedures\nto exercise such control.<\/p>

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RESPONSIBILITY OF\nCOMMISSION<\/strong><\/p>

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One\nof the nation\u2019s two Commissions, the Police Service Commission with a\nmembership of seven people and multiple constitutional functions, has\nresponsibility for, (a) \u2018…Appointment of persons to hold offices in the\nPolice Service; (b) …Exercising\ndisciplinary control over personnel above the rank of Sergeant; <\/strong>and (c)\n…Approving recommended transfer of personnel\u2019 [CO: 1981: Section 105 (1)].\nChaired by an erudite practicing attorney and former Acting Judge with the\nEastern Caribbean Supreme Court (ECS) and reportedly advised by the Law Firm of\n\u2018…Watt and Associates\u2019 <\/strong>through a\nprominent attorney Dr. David Dorsett, the Commission appeared to found itself\nin \u2018…Ship Street,\u2019 <\/strong>attempting to\ncrawl its way out of droppings of \u2018…Procedural\nEffluence\u2019<\/strong> by suspended Commissioner Wendell Robinson, himself an attorney.\n<\/p>\n\n\n\n

COURT\u2019S DECISION<\/strong><\/p>\n\n\n\n

A\njudicial decision that favored suspended Commissioner Wendell Robinson has\nshown that a \u2018…CARICOM IMPACS\u2019<\/strong>\nteam of investigators had made an apparent blunderous decisionwith debilitating consequences to the\nCommissioner. Given that which led to the investigation, the cause of his\ntroubles, has been pending disciplinary charges. These have militated against\nhis return to office. If anyone is to be vilified, then Executive Director and\nthe assigned investigators, misguided as to the contrasting role they had\nplayed to the Agency\u2019s Agenda, they may have unwittingly entangled themselves in\nan internal disciplinary mechanisms of a regional Police Service far removed\nfrom its operational strategies. Given the Court\u2019s\nDecision,<\/strong> this might be more of a futuristic administrative and operational\nconcern to Acting Commissioner Atlee Rodney and Executive Director of the\nAgency Major Michael Jones. <\/p>\n\n\n\n

PROVERBIAL LANGUAGE<\/strong><\/p>\n\n\n\n

In\nbenevolent mode,His Lordship\nreferred to a proverbial quote in allowing an understanding of the Court\u2019s view\non the issue at Bar regarding the non-applicability of the \u2018Police (Discipline)\nRegulations to a Commissioner of Police, whether or not active or suspended.\nTaking \u2018…Judicial Notice\u2019<\/strong> of the\nRegulations applicability to ranks subordinate to the Commissioner,\u2019 he\ndelivered a decision favourable to Commissioner Wendell Robinson [October 26,\n2018]. When Dr. David Dorsett insisted that the Regulations are applicable to\nthe Commissioner, he said, \u2018…To\nattempt to adapt the Regulations to include the Commissioner, would be to force\nit like Cinderella\u2019s glass slippers unto a foot that cannot fit into it.\u2019 <\/strong>He\nconcluded that the Regulations are enforceable only by the holder of the office\nof Commissioner, quashed the suspension and \u2018…ordered his immediate\nreinstatement [Paragraph 28: ANUHCV:\n2018\/0202].<\/strong> <\/p>\n\n\n\n

RIDICULOUSLY BAD\nDECISIONS<\/strong><\/p>\n\n\n\n

Whether\nor not legally advised, for the seven-member Police Service Commission, its\ntroubles began with a cluster of \u2018Ridiculously\nBad Decisions.\u2019<\/strong> This was evident when it foisted upon him the responsibility\nto investigate complaints reportedly made against Commissioner Wendell Robinson\nand channeled directly to the Commission that independently suspended him from\nthe office of Commissioner [April 5, 2018 & October 26, 2018]. Then \u2018…Procedural Drama\u2019 <\/strong>began. There were\nsurreptitious leaked reports to the media suggesting (i) <\/strong>…a secret rendezvous with Attorney General Steadroy \u2018Cutie\u2019\nBenjamin; (ii)<\/strong> …It had shirked and\nshifted its responsibilities to the Attorney General thereby persuaded him to\nwrite a letter to Commissioner of Police Wendell Robinson; (iii)<\/strong> …Reportedly held an impromptumeeting with Prime Minister Gaston Browne.\u2019<\/p>\n\n\n\n

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

Though\nit may have been for reasons of courtesy in consideration of his constitutional\ndiscretion on appointment [Section 105(3)], sensing suggestions of interference,\nunhesitatingly and with candidness, he informed the media that it was the Commission\nthat had extended an invitation to him; (iv)<\/strong>\n…A failed response by the Commissioner to the Attorney General, reportedly\nresulted in a hasty dispatch of the complaints back to the Chairman; (v)<\/strong> …now out of other referral\noptions, the investigation was reportedly foisted on Acting Commissioner Atlee\nRodney; (vi<\/strong>) …Then there was a\nrequest for an investigative team from CARICOM IMPACS; (vii)<\/strong> …Arrived, appointed and sworn as Special Constables;\n…provided with investigative Terms of Reference. For the suspended\nCommissioner, the \u2018…Die is Cast.<\/strong>\u2019\nThe time had come for \u2018…Sober and\nSerious Decision.<\/strong>\u2019 Anticipating the worst, yet hoping for the best,\nbeleaguered Commissioner Wendell Robinson ensured that the Judiciary was\nvisited upon the Attorney General and the 7-member Commission.<\/p>\n\n\n\n

DOUBLE SUSPENSION<\/strong><\/p>\n\n\n\n

In\nthe debacle, there are at least two serious bones of contention.\u2019 Both involved\nhis suspension from office for, (i)<\/strong>\n\u2018…Complaints the Commission deemed serious and inimical to discipline and\nmorale within the Police Service;\u2019 and (ii)<\/strong>\n…Pending disciplinary charges of Discreditable\nand Oppressive Conduct.\u2019 <\/strong>While the former had been judicially determined,\nthe latter, the result of a second letter of suspension, could also result in\nvisitation to the Court for judicial review. This course of action had prompted\neminentAttorney, Sir Richard Cheltenham<\/strong> to take serious\nissue with the Police Service Commission over the \u2018…Double Suspension.\u2019<\/strong> Moved by concern for his client\u2019s\ninterests, he expressed umbrage over that which many have concluded represents\na \u2018…malevolent attitude\u2019<\/strong> of the\nattorney-led seven-member Commission. <\/p>\n\n\n\n

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

In\nlanguage that its members understand, Sir Richard Cheltenham wrote \u2018…The Commission\u2019s conduct in this matter\ncontinues to be oppressive, arbitrary, unreasonable and unconstitutional\u2019 [OMG:\nNovember 3, 2018]. <\/strong>In the disciplinary saga, there are three critical\nfactors (i)<\/strong> \u2018…his career; (ii)<\/strong> …his tenure as Commissioner; and\n(iii)<\/strong> …image and reputation.\u2019\nThese are all interrelated and remain of grave concerns to the beleaguered\nCommissioner. Justices are always mindful of these. They know that \u2018…futuristic consequences\u2019<\/strong> often\nimpact negatively on the ambitions of persons. This is so, whether or not\npersons are holding or had held positions of prominence. Given acute judicial\nconsideration, High Court Judge, His Lordship Justice Peter Godfrey Smith, in\nthe Court\u2019s Decision wrote, \u2018…I think the Court can take \u2018…Judicial Notice\u2019 <\/strong>of the obvious fact that the case has\nattracted huge publicity and has been regularly featured in the newspaper and\non television news\u2019 [Para. 50].<\/p>\n\n\n\n

DARKNESS AND DESPAIR<\/strong><\/p>\n\n\n\n

Where\nthere is light, people facing adversities are likely to see a way out of \u2018…Darkness and Despair.\u2019<\/strong> Conversely,\nwhere there is hope, there is life. Relate these to the experiences of\nCommissioner Wendell Robinson, he may have been given just a mere \u2018…Flicker of Light\u2019 <\/strong>and \u2018…Glimmer of Hope\u2019 <\/strong>after the\npresiding Judge provided him with breathing a sigh of relief. As he continues\nto face additional difficulties, disciplinary proceedings in respect to charges\nof \u2018…Discreditable and Oppressive\nConduct,\u2019 <\/strong>looms. Ironically, these have resulted from a sanctioned\ninvestigation by his subordinate, Acting Commissioner Atlee Rodney.  Thus, equally as much as the Commission may\nhave given him reasons to believe it was hell-bent in ending a successful\ncareer and tenure of longevity, he also appeared hell-bent in taking on the\nchallenges posed by the blunder-stricken Commission. <\/p>\n\n\n\n

MISINTERPRETATION<\/strong><\/p>\n\n\n\n

His\nprevious suspension came as a result of written complaints the Commission had\nreceived from three of his subordinates who accused him of conduct likely to\nbring discredit to the reputation of the Police Service or prejudicial or\ninimical to discipline.  He contended\nthat the Commission had gravely misinterpreted the Regulations; …misguided\nand misdirected itself by misapplying Regulations to him that have been\nspecific to ranks subordinate to himself. \nHaving successfully challenged the suspension, he has been placed in\ncontemplatory mode for further litigious action. His legal team, headed by\ninternationally recognized and illustrious \u2018…Sir Richard Cheltenham with\nassistants \u2018…Shelly-Ann Seecharan and\nCosbert Cumberbatch\u2019 <\/strong>They had seemingly acquitted themselves exceeding\nwell. <\/p>\n\n\n\n

DANCING LIMBO<\/strong><\/p>\n\n\n\n

The\nteam had barely left the Court\u2019s precinct, when he was again served with a\nsecond \u2018…Letter of Suspension,\u2019 <\/strong>purportedly\nsigned by the Secretary to the Commission. Likened to a fleeting glance at an\nescaped convict dashing for his liberty, before Commissioner Wendell Robinson\ncould say \u2018…Jesus Wept,\u2019 he was weeping as darkness suddenly appeared,\nturning a brightened day into night, while his dream became a \u2018…day mare.\u2019 Now\nunder disciplinary consideration, his hope of an immediate return to office had\nbeen dashed; …his desire of continued enjoyment of the novelty associated\nwith the office of Commissioner had been shattered; while his tenure remains in\nthe office of the Commission, \u2018…Dancing\nLimbo.\u2019 <\/strong>For instance, mere hours after the quashed Suspension, a bolt of\nlightning struck. It occurred on a different date; …in the same place; …on\nthe same person; for the same reasons and with the same consequence. <\/p>\n\n\n\n

SHIP\nSTREET<\/strong><\/p>\n\n\n\n

Even\nas the Court had quashed the previous suspension, he was not installed back\ninto office\u2019 [October 26, 2018].\u2019 What was he to hand over? If this is not a \u2018…Comedy of Errors\u2019<\/strong> then what is?\nThis had provoked angst among the legal team. Having independently initiated\ndisciplinary action against Commissioner Wendell Robinson, the \u2018.PSC\u2019 had found\nitself on a Street where ships never sailed.\u2019 Call it what you will, but for\nthis commentary, it is \u2018…Ship Street.\u2019\n<\/strong>In the litigious proceedings instituted by \nhim against his suspension, attorney for the Police Service Commission\nDr. David Dorsett had attempted to maneuver his way off \u2018…Ship Street.<\/strong>\u2019 Sensing a messy slip, the presiding Judge wittily\nguided him away from it. Guiding the attorney and members of the Commission in\nattendance, he advised regularization of the \u2018PSC\u2019s \u2018…own procedure using constitutional powers conferred by Section 99\n(12),<\/strong> read with Section 104 of the\nConstitution\u2019<\/strong> [CO: 1981]. <\/p>\n\n\n\n

COMEDY OF ERRORS<\/strong><\/p>\n\n\n\n

What now boggles the mind is the\nrepetitive contents of the first \u2018…Letter of Suspension.\u2019 Packed with \u2018…Comedic errors; …intrigues and absurdities.\u2019\n<\/strong>The second letterwas reportedly\ndispatched to the substantive holder of the office of Commissioner Wendell\nRobinson. Reportedly, there were carbon copies (cc), including one reportedly\ndispatched to his Deputy and Acting Commissioner, Atlee Rodney. It absurdly,\nstates \u2018…You are to, immediately upon\nreceipt of this letter hand over the command of Royal Police Force of Antigua\nand Barbuda and the Fire Brigade and such articles and things under your\ncontrol while serving as Commissioner of Police to Deputy Commissioner of\nPolice Atlee Rodney\u2019 [October 26, 2018].<\/strong> Given the benefit of\n\u2018…un-doubtful forgetfulness,\u2019 the membership had not remembered that it had\npreviously suspended the Commissioner earlier in the year [April 5, 2018].<\/p>\n\n\n\n

INSTRUCTIONAL\nGUIDANCE<\/strong><\/p>\n\n\n\n

When\nattorney for the Police Service Commission, Dr. David Dorsett appeared before\nHis Lordship, Justice Peter Godfrey Smith, he may have caused him to entertain\ncircumspection that he was himself laboring under illusions that the Court had\nmisinterpreted the Police (Disciplinary) Regulations. He had submitted that the\nPolice (Discipline) Regulations cover every member of the Police Service from\nConstable to Commissioner. His Lordship held an opposite view stating that\n\u2018…It was the Commissioner who received complaints and delegate authority to\nhis subordinates to investigate such complaints.\u2019 This will have been\nconstitutionally and statutorily supported [CO: Section 105 (5) & Section\n4: Police Act: Chapter 330]. <\/p>\n\n\n\n

INTERESTING\nOBSERVATIONS<\/strong><\/p>\n\n\n\n

The\npresiding Justice made and noted several \u2018…Interesting\nObservations.\u2019<\/strong> These include (a)<\/strong>\n…The suspension is \u2018until the Commission decides otherwise.\u2019 This he\ndetermined was indefinite; (b)<\/strong>\n…The nature of the action warranted by the complaints is not stated\u2019 [Para. 9].\nThere are three other areas of serious concern. Firstly,<\/strong> it was the Commission that had received the complaints\nfrom personnel subordinate to the Commissioner; …Secondly,<\/strong> it was the Commission that had removed him from office;\n…Thirdly,<\/strong> the disciplinary charges\nlaid against him are consequential of investigations conducted by a three-man\ninvestigating team from the Trinidad and Tobago-based organization \u2018…CARICOM IMPACS.\u2019<\/strong> Apart from the\nCourt\u2019s ruling and \u2018…passenger missed-flight,\u2019 it may have been for this reason,\nthat further serving of charges had been aborted. <\/p>\n\n\n\n

SECOND SUSPENSION<\/strong><\/p>\n\n\n\n

Speaking\nto the contentious issue then under \u2018…Judicial Review, ensuring that the\nattorney was reasonably guided, His Lordship opined \u2018…The Commissioner was informed\nof his suspension but would have had no idea of what was to come next and what\nprocedure was to apply; …This I think,\noffends the most elemental requirements of fairness and is dispositive of this\nissue\u2019 [Para. 44]. <\/strong>Likened to the Constitution that provides for informing persons\n\u2018…arrested or detained to be informed orally and in writing as soon as\nreasonably practicable…of the reason for his detention\u2019 [CO: 1981: Section 5\n(2)], a similar provision is contained in the \u2018…Police (Discipline) Regulations.\u2019\nThus, after a designated investigator, completes his investigation, he may\ndecide to charge the offending member. The Regulations State, \u2018…The\ninvestigating officer shall, as soon as is practicable enter on a discipline\nform the offence with which the member is to be charged and such particulars as will leave no doubt as to the precise\nnature of the alleged offence\u2019 <\/strong>[Section 4 (5): Police (Discipline): Chapter\n330]. His Lordship was evidently aware of this Regulation. <\/p>\n\n\n\n

DISCIPLINARY DEBACLE<\/strong><\/p>\n\n\n\n

The\napparent vitriolic actions initiated and its subsequent behavior towards him.\nThese have won him more empathy after the favorable judicial decision handed\ndown in the High Court of Justice, thereby exposed the Commission as a body\ncomposed of members whose value might be seen numerically for a quorum or\nmajority-decisional votes.\u2019 It may now be seen as a foregone conclusion that\nthe Police Service Commission seemed hell-bent in keeping Commissioner Wendell\nRobinson permanently away from the American Road Headquarters office. That\nwhich supports such assertions was the judicial exposure of the Commission\u2019s\nshoddy handling of the \u2018…Disciplinary\nDebacle,\u2019 <\/strong>provoking anger and public ridicule. <\/strong>These may have been among other reasons that the Commission has\nbeen seen as a blunder-making disciplinary body. <\/p>\n\n\n\n

NATURAL JUSTICE<\/strong><\/p>\n\n\n\n

Though\nhe may not necessarily be crucified, Commissioner Wendell Robinson shall bear\nthe burden of an earthly Cross. This has been the experience of many other\ncolleagues with members in the Association of Caribbean Commissioners of Police\n(ACCP). Force to litigate, he had sought \u2018…Judicial\nReview\u2019<\/strong> against a decision by a \u2018Police Service Commission\u2019 that appeared\nto have shown scant regard to a basic, but fundamental principle called \u2018…Natural Justice or Right to be Heard.\u2019<\/strong>\nGiven the recent favorable Court Decision, Media reports have quoted him\nsaying, \u2018… I am actually disappointed that the \u2018PSC\u2019 flaunt the decision of\nthe High Court and suspend me again on the basis that I have been charged for\noffences under the disciplinary Regulations which do not apply to me\u2019 [ANR:\nOctober 29, 2018]. In the law, though \u2018…removed from active duty in\nsuperintending; …commanding and controlling the Police Service, Wendell\nRobinson has neither lost his position as Commissioner, nor status as a member\nof the Royal Police Force of Antigua and Barbuda [Sections 6 & 18: Police\nAct: Chapter 330]. <\/p>\n\n\n\n

UNCHALLENGEABLE\nMANIFESTATION<\/strong><\/p>\n\n\n\n

His\nLordship Peter Godfrey Smith may have exhibited just that. Even without a legal\npractice, those that enforce law not only know that \u2018…All are equal before the law,\u2019 <\/strong>but also \u2018…All are entitled without any discrimination to equal protection of\nthe law\u2019 [Article 7]. <\/strong>He may have detected an intention by the attorney to\nprovoke ambivalence that his judgment would be compromised by arguments and\nsubmissions that appeared farfetched.\u2019Clearly\nintent on ensuring that justice was manifestly appeared to be done, His\noffering of unsolicited, but helpful advice to the Respondent\u2019s attorney,\nappeared to have made his presiding role more clearly \u2018…Understood and\nAppreciated; by the Claimant as well as the Respondent.\u2019 He appeared to have stayed\nabove the fray, thereby eliminating any suspicion, or suggestion of perceived\nmisdirection to himself as to exhibit evidence of bias or impartiality.\nConsequently, he appeared to have left the litigating parties with \u2018…an Unchallengeable Manifestation\u2019<\/strong>\nof a fair hearing and equitable dispensation of justice.<\/p>\n\n\n\n

KANGAROO COURTS<\/strong><\/p>\n\n\n\n

Framers\nof the Constitution anticipated that some attorneys may ignore the basic\nprinciple of \u2018…Natural Justice.\u2019 <\/strong>They\nalso anticipated that some may develop a mentality, consistent with the\nbehavior of Kangaroos. They anticipated that if the ends satisfies the means,\nunscrupulous attorneys would advance arguments that would be entertained in \u2018…Kangaroo Courts.\u2019 <\/strong>Either attempting\nto inspire an understanding or instill sense of the non-applicability of the\nRegulations to the Commissioner of Police, His Lordship prudently and gently suggested,\n\u2018…It could mean that the Legislature intends a different regime for the\ndisciplining of senior officers\u2019 [Paragraph 30].What may have been very clear was that His Lordship had shown no\ninclination to \u2018…operate; …preside or to accord indulgence, whether or not\ncraved of the Court to any attorney displaying \u2018…Kangaroo Mentality\u2019<\/strong> in his Court. <\/p>\n\n\n\n

BREACHES OF NATURAL\nJUSTICE<\/strong> <\/p>\n\n\n\n

From\nlitigants\u2019 conversations and from the Court\u2019s Decision, it was clear that Dr.\nDavid Dorsett had disregarded that fundamental principle of equality before the\nlaw as contained in the \u2018…Universal\nDeclaration of Human Rights\u2019 [UDHR: 1948]. <\/strong>Whether by ignorance or\ninadvertence, outside the tenets of \u2018…democracy with respect for human\nrights, worth and dignity, \u2018…Breaches\nof Natural Justice\u2019<\/strong> often occurred, particularly in (a)<\/strong> …Kangaroo Courts; (b)<\/strong>\n…presided by Kangaroo Judges; and (c)<\/strong>\n…with arguments advanced or submissions by attorneys.\u2019 Ludicrously, the\n\u2018PSC\u2019s attorney, though respectful with his submissions sough to impress the\nCourt that (i)<\/strong> \u2018…The language and\nintendment of Section 16 is plain that there is no need for any investigation\nprior to suspension or to consult with the Commissioner; (ii)<\/strong> …Regulations 16 expressly excludes the duty to act fairly in\nthe sense in giving a police officer to be suspended prior opportunity to be\nheard; (iii)<\/strong> …The Court must pay due respect to the language and structure used by\nparliament, rather than to preconceptions of what its objectives could or\nshould have been;<\/strong> (iv)<\/strong> …There\nis no requirement that the Applicant (Wendell Robinson)  be accorded natural justice at the suspension\nstage when the \u2018PSC\u2019 was responding to a situation that demands immediate\naction; and (v)<\/strong> …There is no\nimplied right in the scheme of the Regulations and in Section 16 that a police\nofficer be heard prior to suspension\u2019 [Police Act: Chapter 330]. <\/p>\n\n\n\n

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

Those that lead evidence or advance\narguments or attempt to provide irrational interpretative, but flawed\nreasoning, know that the meticulous and inquisitive Justice often poses\nquestions for primarily two reasons (i) …Clearing up ambiguities and (ii)\n…Testing interpretative skill and powers of reasoning.\u2019 Attorneys shall not\nonly endeavor to serve the interests of clients, but also to assist in the\nadministration of justice. Justices need no reminder or unsolicited advice or\nsuggestion or prompts. Attorneys, however, may attempt, judiciously and\npersuasively, yet with appropriateness and respect in matching the interpretative\nskills and\/or intellect of presiding Justices. Even so, they shall avoid\nslippery slopes that could bring them close enough for the descending wrath of\nrebuff. Invariably, they may avail the respectful attorney of indulgence in\nadvancing relevant arguments on the issue at Bar. However, there is a time when\nintolerance may intervene, prompting Justices to urge \u2018…Will you please move\non?\u2019 Even so, as far as practicable Justices shall at all material time,\nendeavor to avoid travesties or perverseness, removing with immediacy of any\nsuch appearance. More particularly, they shall not only shall see themselves as\nmere administrators of justice, but also to promote the Court as the \u2018…Bastion of Hope.\u2019<\/strong> <\/p>\n\n\n\n

THE COMMISSIONS<\/strong><\/p>\n\n\n\n

Framers\nof the region\u2019s Constitutions anticipated that membership on some Commissions\nmight not only be subjected to exploitation, but may also act against the best\ninterest they were appointed to serve. Some will be appointed membership on the\n\u2018…Public Service Commission,\u2019<\/strong>\nwhile some will be on the \u2018…Police\nService Commission.\u2019<\/strong> While some members will show that they are endowed\nwith reason and conscience, others will display insensitivity and\nirrationality. Framers also anticipated that membership so exploited might act\nagainst the best interest of those they were appointed to serve. Experience has\nshown that some had created organizational rifts, while other caused\ndisaffection among rank and file members and created cliques. These have always\nbeen bad for \u2018…discipline; …morale; …organizational stability; …command\nand control.\u2019 These are reflective of human nature and realities of developed\norganizational culture. These are bad for public confidence, support and\ncooperation. <\/p>\n\n\n\n

OPINIONATED AND\nJUDGMENTAL<\/strong><\/p>\n\n\n\n

These\ncame after more than a six-month agonizing journey through a disciplinary\ntunnel paved with malevolence and with obstacles of blunderous procedural\nactions, subjecting him to despair humiliation and frustration with silent cry\nof despair. Admitted to the Bar, he was subsequently assigned to the Office of\nthe Director of Public Prosecution (DPP) and tasked with prosecutorial duties\nat the Criminal Assizes. One of his mentors and immediate supervisor was the\nDPP Cosbert Cumberbatch. In his Decision, His Lordship expressed the view that\nthe Commission had not only acted hastily and irrationally, but was also become\n\u2018…Opinionated and Judgmental.\u2019<\/strong>  He cited the Commission\u2019s response to the\ncomplaints, when it states, \u2018…These complaints are deemed by the Commission\nso serious as to warrant its consideration and action as they are inimical to\nthe discipline and morale within the Royal Police Force of Antigua and Barbuda\u2019\n[Para. 46].<\/p>\n\n\n\n

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

The\nsuspension of Commissioner appeared rather unique. This was so for reasons of\nthe particular complaints. That which appeared to have provoked complications\nwas the obvious lack of procedural knowledge by Chairman Kelvin John, an\nattorney and his 7-member Commission. This was also compounded by its\nabdication and foisting of the investigation upon the Commissioner\u2019s\nsubordinate and Deputy Atlee Rodney. Constitutionally, however, the Police\nService Commission is empowered to remove members of the Police Service from\noffice [Section 105 (1); CO: 1981]. <\/strong>Even\nso, misapplying established procedural guidelines for ranks subordinate to him\noffer no claim to legitimacy of action or show justifiable reasons for both\nsuspensions. Further bringing upon itself additional difficulties was his\nsecond suspension on pending charges that appeared expediently and egregiously\nlaid by Special Constables, one of whom a Military personnel\u2019 from \u2018…CARICM IMPACS,\u2019<\/strong> on behalf of his\nDeputy Atlee Rodney, acting in the capacity of Commissioner of Police. The\nquestion is \u2018…Where does the Commission go from here?<\/p>\n

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

by RAWLSTON POMPEY While the undisclosed expended funds was necessary to seek redress for his \u2018…Summary Suspension,\u2019 it also helped to highlight certain procedural blunders collectively made by the Police Service Commission in the process. There now appears to be no end to the apparent foisted disciplinary troubles on suspended Commissioner Wendell Robinson. No sooner […]<\/p>\n","protected":false},"author":3,"featured_media":11633,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[55],"tags":[],"class_list":["post-21566","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-letters-to-the-editor"],"yoast_head":"\nCOMMENTARY: Wendell Robinson's Disciplinary Debacle - 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-robinsons-disciplinary-debacle\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"COMMENTARY: Wendell Robinson's Disciplinary Debacle\" \/>\n<meta property=\"og:description\" content=\"by RAWLSTON POMPEY While the undisclosed expended funds was necessary to seek redress for his \u2018…Summary Suspension,\u2019 it also helped to highlight certain procedural blunders collectively made by the Police Service Commission in the process. There now appears to be no end to the apparent foisted disciplinary troubles on suspended Commissioner Wendell Robinson. 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