JAMAICA | Application filed in the Supreme Court challenging the interdiction of Cpl Rohan James
KINGSTON, Jamaica, July 28, 2023 - Lawyers representing Interdicted Chairman of the Police Federation, Corporal Rohan James, today filed an application in the Supreme Court challenging the decision of Police Commissioner Major General Antony Anderson to interdict him.
Speaking on Radio Jamaica today, Attorney Hugh Wildman said that legal papers were submitted in the Supreme Court Friday afternoon seeking an application for leave for judicial review to quash the interdiction by the Police High Command.
Wildman said "Concurrent with this application was another seeking a stay of the interdiction, pending the hearing and determination of the judicial review application.
“The interdiction is unconstitutional, it is a clear breach of the man's constitutional right to freedom of expression and freedom of conscience and thought. He has said nothing that is an offence to the Constitution of Jamaica. So any regulation that he's charged under must give way to the Constitution, which is the supreme law of the land," Wildman argued.
Commissioner of Police, Major General Antony Anderson announced the interdiction of Cpl James over remarks he made at a funeral service for Constable Damien Blair at the Old Harbour New Testament Church of God in St Catherine on July 15.
James chided the Police High Command for allegedly failing to have overtime payments made to rank-and-file police personnel, despite the Government approving such a system to calculate and make the payments.
"Mark my word and I also want to say to the High Command and our Commissioner, 'God help you if the membership is not paid their overtime this month,’" James is quoted as saying, adding that the federation will not be "muzzled, intimidated, nor bamboozled".
Several groups including the Jamaica Confederation of Trades Unions and Jamaicans for Justice, Have criticised the Police Commissioner for the decision to punish Corporal James.
This interdiction is an attack against every rank-and-file member of the force who wants their well-deserved and earned overtime pay. It is unacceptable that such actions are being taken against those who work tirelessly to protect our communities and uphold the law. pic.twitter.com/SqF7Px8lbh
— Jamaicans For Justice (JFJ) (@JAForJustice) July 28, 2023
Jamaicans for Justice has also accused the Police High Command of abusing its power when it interdicted Corporal James.
A letter to James from the police command said James will receive 3/4 pay with immediate effect during the interdiction.
James is to cease duties with the Jamaica Constabulary Force in keeping with Regulations (35)1 of the Police Service Regulations, 1961.
He is to hand over his identification card and all government-issued property in his possession upon receipt of the notice.
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