Lawyer Says Robinson’s Second Suspension Is Backed By The Constitution

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Former Police Commissioner Robinson

Attorney for the Police Service Commission (PSC) Dr David Dorsett said on Wednesday that the second suspension of Commissioner of Police Wendell Robinson was done in accordance with the constitution.

“Section 105 of the constitution vests with the Police Service Commission, disciplinary control over members of the police force, from the rank of constable to rank of commissioner,” Dorsett told state media.

Robinson was suspended on October 26 for a second time, on the same day that a High Court judge ordered his immediate reinstatement.

He was first suspended in April 2018, following allegations of improper conduct leveled against him by two junior officers and a civilian.

On October 12, Robinson was slapped with two internal charges for discreditable and oppressive conduct.

He maintains those charges do not apply to him.

Lawyers for Robinson have written to the PSC over the second suspension.

Dr Dorsett said the PSC has not yet prepared its formal response.

In its letter to the PSC, Sir Richard Cheltenham, who represents Robinson, calls for the judge’s direction to the implemented.

But Dr Dorsett is of the view that “the order of the judge did not divest the commission of its power to suspend or to exercise disciplinary control over the commissioner.”

Doresett

“There is no order that ties the hand of the commission in terms of exercising its constitutional powers,” he added.

Sir Richard is of the view that the PSC has again failed to afford his client the most basic of natural justice, the right to the heard.

He noted that no timeline was given again for the second suspension even though the court ruled that the indefinite nature of the first suspension was unfair.

Sir Richard says he will be seeking damages for his client and has also dismissed the internal charges level against Robinson on October 12 on the basis that they cannot apply to the commissioner.

Sir Richard

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5 COMMENTS

  1. BAD LEGAL ADVICE

    It is obvious that the Police Service Commission (PSC) continues to be the recipient of ‘…Bad Legal Advice.’

    The second suspension may further speak to a ‘…Comedy of Errors,’ if done on the basis of disciplinary charges resulting from ‘…an Atlee Rodney-sanctioned investigations.’

    Either skillfully or deceptively or to avoid professional embarrassment, the attorney had omitted to state what informed the second suspension.

    From professional knowledge and practical application of the Disciplinary Regulations, these are only applicable to ‘…Inspectors; …Senior Sergeants; …Sergeants; …Corporals and Constables.’

    Factually, ‘…Section 105 of the Constitution’ provides for ‘…removal from office and exercise disciplinary control of persons holding offices in the Police Service.’

    Except the Commission was ‘…starting all over on the basis of the Complaints’ it has received from the complaining officers, the second suspension will not stand on the ‘…pending disciplinary charges.

    These were reportedly slapped against Commissioner Wendell Robinson by his Deputy, now Acting Commissioner Atlee Rodney, through ‘…three contracted and Police Service Commission-appointed Special Constables.’

    Justice Peter Godfrey Smith had already ruled on the procedural blunders of the Commission and its legal advisers [October 26, 2018].

    Should there be another blunder, then it might be time to ‘…streamline the Commission and dispense with the services of the legal team.’

    • Pompey seems like u know everything but but all them corrupt cops grew under u …..and we know u heard who was doing this and that and never did anything……as you left just check how much of them got caught…..you and Robinson should open a school what u think to teach cops to be good

  2. It is the tax players of Antigua who will have to pay for the bad legal advice coming from the government favorite law firm

  3. MUCH MORE THAN YOU

    You have not contributed anything quite as significant to the discussion as has been
    the case of the ‘…Cool Ruler’ and the others.

    Respecting a ‘…professional career in law enforcement,’ Rawlston Pompey knows much
    more than the commenter that is hiding behind the pseudonym ‘…A me yes.’

    Th e Scripture is fulfilled, ‘…The mouths of fools, utter foolishness.’
    Thanks be to the word of the Lord [KJV: Proverb 15: 2].

    You may consider yourself going straight to hell for the ‘…foolish utterances and nonsensical, simplistic gibberish.’

    Rawlston Pompey may also end up on that path for being so ‘…scripturally harsh’ on the commenter.

    No forgiveness would be asked of, or by me.

    My friend, ‘…Peace be unto you; …Peace be with you; …Go in Peace;
    Will meet you over there.

Comments are closed.