BETWEEN CLINTON NOEL AND COMMISSIONER OF POLICE

Similar documents
IN THE HIGH COURT OF JUSTICE BETWEEN AND THE MINISTEROF LABOUR AND SMALL AND MICRO ENTERPRISE DEVELOPMENT

IN THE HIGH COURT OF JUSTICE BETWEEN SOCA FOR PEACE FOUNDATION AND THE REGISTRAR OF THE SUPREME COURT OF JUDICATURE

THE REPUBLIC OF TRINIDAD AND TOBAGO

POLICE CONSTABLE RENNIE LAKHAN NO THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO REASONS

IN THE HIGH COURT OF JUSTICE SAN FERNANDO

IN THE HIGH COURT OF JUSTICE AND AND BETWEEN AND

JUDGMENT. Gopichand Ganga and others (Appellant) v Commissioner of Police/Police Service Commission (Respondent)

IN THE HIGH COURT OF JUSTICE BETWEEN MOHANLAL RAMCHARAN AND CARLYLE AMBROSE SERRANO

IN THE HIGH COURT OF JUSTICE IN THE MATTER OF AN APPLICATION BY RYAN RAMPERSAD FOR LEAVE TO APPLY FOR JUDICIAL REVIEW AND

THE EASTERN CARIBBEAN SUPREME COURT IN THE COURT OF APPEAL IN THE COURT OF APPEAL BETWEEN [1] GENERAL AVIATION SERVICES LTD. [2] SILVANUS ERNEST.

IN THE HIGH COURT OF JUSTICE. Between BUNNY KAMEEL ALI. And THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO

IN THE HIGH COURT OF JUSTICE BETWEEN P.C. CURTIS APPLEWHITE AND

IN THE HIGH COURT OF JUSTICE BETWEEN AND

IN THE HIGH COURT OF JUSTICE. Between. And. HER WORSHIP SENIOR MAGISTRATE MRS. INDRA RAMOO-HAYNES Defendant

IN THE HIGH COURT OF JUSTICE AND. THE ATTORNEY GENERAL OF TRINIDAND AND TOBAGO Defendant

IN THE HIGH COURT OF JUSTICE BETWEEN CURT GOMES AND RANDY LALLA RODDY LALLA. Mr Abdel Ashraph instructed by Mr Mahendra Dhaniram for the Defendant

IN THE HIGH COURT OF JUSTICE BETWEEN MARILYN LANE AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO

IN THE HIGH COURT OF JUSTICE BETWEEN AND

IN THE HIGH COURT OF JUSTICE RODNEY KHADAROO AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO DEFENDANT

IN THE HIGH COURT OF JUSTICE BETWEEN PHILLIP QUASHIE CLAIMANT AND THE CHIEF FIRE OFFICER PROPOSED DEFENDANT

ECONO CAR RENTALS LIMITED GTM INSURANCE COMPANY LIMITED

Criminal Justice (Scotland) Act 2016

Agreement. Independent Police Complaints Commission. Health and Safety Executive. liaison during investigations

Wordie Property Co. v Secretary of State for Scotland 1983 SLT (LP Emslie) Somerville v Scottish Ministers 2008 SC (HL) 45

IN THE HIGH COURT OF JUSTICE BETWEEN SANJEEV RAMGARIB AND HER WORSHIP MAGISTRATE REHANNA HOSEIN

The Police Complaints Authority Act, 2003

UNIT TRUST CORPORATION AND BEFORE THE HONOURABLE MR JUSTICE RONNIE BOODOOSINGH REASONS

IN THE HIGH COURT OF JUSTICE. Between ANDY MARCELLE. And THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO

IN THE HIGH COURT OF JUSTICE. Between CHRISTOPHER LUCKY AND. THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO Defendant

IN THE HIGH COURT OF JUSTICE. Between DOREEN ALEXANDER-DURITY. And THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO

IN THE HIGH COURT OF JUSTICE. Between AINSLEY GREAVES. And THE ATTORNEY GENERAL OF

IN THE HIGH COURT OF JUSTICE

Legal Supplement Part C to the Trinidad and Tobago Gazette, Vol. 40, No. 12, 22nd January,

IN THE HIGH COURT OF JUSTICE IN THE MATTER OF THE JUDICIAL REVIEW ACT, CHAP 7:08 AND IN THE MATTER OF THE CUSTOMS ACT AND

IN THE HIGH COURT OF JUSTICE BETWEEN AND. (POLICE CONSTABLE) EDGAR BAIRD THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO Defendants.

IN THE HIGH COURT OF JUSTICE

IN THE HIGH COURT OF JUSTICE BETWEEN ROLAND JAMES AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO

IN THE HIGH COURT OF JUSTICE IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW AND

Disclosure: Responsibilities of a Prosecuting Authority

IN THE HIGH COURT OF JUSTICE Sub-Registry, San Fernando BETWEEN AND PRICESMART TRINIDAD LIMITED

POLICE COMPLAINTS AUTHORITY ACT 1998 BERMUDA 1998 : 29 POLICE COMPLAINTS AUTHORITY ACT 1998

Police and Fire Reform (Scotland) Bill [AS INTRODUCED]

THE RIGHTS OF PEOPLE WHO HAVE BEEN ARRESTED

IN THE COURT OF APPEAL BETWEEN AND

IN THE HIGH COURT OF JUSTICE BETWEEN BRIAN MOORE. And PUBLIC SERVICES CREDIT UNION CO-OPERATIVE SOCIETY LIMITED

IN THE HIGH COURT OF JUSTICE

IN THE HIGH COURT OF JUSTICE

IN THE HIGH COURT OF JUSTICE

(LEGAL PERSONAL REPRESENTATIVE OF THE ESTATE OF RUTH BURKE, DECEASED) DEFENDANT BEFORE THE HONOURABLE MR JUSTICE RONNIE BOODOOSINGH

IN THE COURT OF APPEAL. Between THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO. And

IN THE HIGH COURT OF JUSTICE. Between NIXON CALLENDER JILLIAN BEDEAU-CALLENDER AND THE PUBLIC SERVICE ASSOCIATION OF TRINIDAD AND TOBAGO AND

IN THE HIGH COURT OF JUSTICE BETWEEN SEUKERAN SINGH CLAIMANT AND COMMISSIONER OF POLICE DEFENDANT

The Campaign for Freedom of Information

Justice Committee. Post-legislative scrutiny of the Police and Fire Reform (Scotland) Act 2012

POLICE COMPLAINTS AUTHORITY ACT

IN THE HIGH COURT OF JUSTICE BETWEEN AARON SAMUEL AND THE ATTORNEY GENERAL OF TRINIDAD AND TOBAGO

IN THE HIGH COURT OF JUSTICE. Between FIDEL RAMPERSAD RAJ KAMAL REDDY AVUTHU RYAN RICHARDSON VISHAM BHIMULL SHAUN LYNCH AND

IN THE HIGH COURT OF JUSTICE IN THE MATTER OF THE JUDICIAL REVIEW ACT NO. 60 OF 2000 AND

independent and effective investigations and reviews PIRC/00444/17 October 2018 Report of a Complaint Handling Review in relation to Police Scotland

The Prohibition of Referral Fees

BERMUDA POLICE COMPLAINTS AUTHORITY ACT : 29

AND THE SOUTHWEST REGIONAL HEALTH AUTHORITY JUDGMENT

THE RAILWAY CLAIMS TRIBUNAL ACT, 1987 ARRANGEMENT OF SECTIONS CHAPTER I PRELIMINARY

A & A MECHANICAL CONTRACTORS AND COMPANY LIMITED PETROLEUM COMPANY OF TRINIDAD AND TOBAGO

SHIPPING CASUALTIES (INQUIRIES, INVESTIGATIONS AND REPORTS) ACT 1979 MERCHANT SHIPPING (ACCIDENT REPORTING AND INVESTIGATION) REGULATIONS 2001

The Duty to Give Reasons

IN THE HIGH COURT OF JUSTICE

INDICTABLE OFFENCES (PRELIMINARY ENQUIRY) ACT

PRACTICAL JUSTICE AND PROCEDURAL FAIRNESS

THE POLICE COMPLAINTS AUTHORITY ACT, Arrangement of Sections PART II THE POLICE COMPLAINTS AUTHORITY

IN THE HIGH COURT OF JUSTICE ADMIRALTY ACTION IN REM AGAINST THE MOTOR VESSEL SENATOR BETWEEN TRINIDAD SALT COMPANY LIMTED AND

IN THE HIGH COURT OF JUSTICE. Between CESARE BURKE. And HIS WORSHIP DEPUTY CHIEF MAGISTRATE MR. PATRICK MARK WELLINGTON

IN THE HIGH COURT OF JUSTICE. CPL (Ag) STEVE DAHARI (Regimental No )

IN THE HIGH COURT OF JUSTICE IN THE MATTER OF THE JUDICIAL REVIEW ACT NO. 60 OF And

IN THE HIGH COURT OF JUSTICE BETWEEN HERMITAGE PROPERTIES LIMITED AND

BERMUDA RESIDENTIAL CARE HOMES AND NURSING HOMES ACT : 28

GRENADA IN THE SUPREME COURT OF GRENADA AND THE WEST INDIES ASSOCIATED STATES HIGH COURT OF JUSTICE (CIVIL) AND

IN THE HIGH COURT OF JUSTICE. Between MICHAEL LEO SLATER. And ESTHER RUBY SLATER

Use of Pre-Charge Bail

THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE CV

IPCC BRIEFING: POLICING AND CRIME BILL

Guidance for Children s Social care Staff around the use of Police Protection

IN THE MATTER OF THE JUDICIAL REVIEW ACT, NO. 60 OF 2000 AND IN THE MATTER OF AN APPLICATION BY CANSERVE CARIBBEAN LIMITED FOR JUDICIAL REVIEW BETWEEN

IN THE HIGH COURT OF JUSTICE

Mostafa (Article 8 in entry clearance) [2015] UKUT (IAC) THE IMMIGRATION ACTS. Before

Best Interests Applications to the Court of Protection

IN THE HIGH COURT OF JUSTICE San Fernando BETWEEN. KALAWATIE GODEK also referred to as Jenny Godek

IN THE HIGH COURT OF JUSTICE (Sub-Registry-Tobago) BETWEEN AND. Ms. D. Christopher-Noel; Mr. R. Singh and Ms. G. Jackman instructed by Ms. F.

Western Australia. Weapons Act Extract from see that website for further information

Report of a Complaint Handling Review in relation to Tayside Police

The Prohibition of Referral Fees

IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA

THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE

Before: MARCUS SMITH Q.C. (Chairman) WILLIAM ALLAN MARGOT DALY (1) BMI HEALTHCARE LIMITED (2) HCA INTERNATIONAL LIMITED (3) SPIRE HEALTHCARE GROUP

2. This is an appeal to the Commissioner by the claimant, a is as follows: Invalidity pension is not payable

NOT PROTECTIVELY MARKED

Queensland DOMESTIC VIOLENCE (FAMILY PROTECTION) AMENDMENT ACT 1992

IN THE HIGH COURT OF JUSTICE. MARITIME LIFE INSURANCE COMPANY LIMITED Defendant

2016 No. 41 POLICE. The Police (Conduct) Regulations (Northern Ireland) 2016

JUDGMENT. From the Court of Appeal of the Republic of Trinidad and Tobago. before. Lady Hale Lord Reed Lord Kerr Lord Wilson Lord Sumption

Transcription:

THE REPUBLIC OF TRINIDAD AND TOBAGO IN THE HIGH COURT OF JUSTICE CV 2014-595 BETWEEN CLINTON NOEL Claimant AND COMMISSIONER OF POLICE Defendant Before the Honourable Mr. Justice Boodoosingh Appearances: Mr. N. Ramnanan for the Claimant Mr. K. Hemans for the Defendant Dated: 9 June 2015 JUDGMENT 1. The Claimant is a police officer. His claim arises from an incident at the Guapo Police Station on 11 February 2013, where he was assigned. Page 1 of 9

2. In the early morning, he reported for duty. He left the Police Station in his own vehicle. He was in possession of a firearm. He indicated he was going to the San Fernando General Hospital. This was to meet a Dr. Rajnarine concerning a medical report. This report was outstanding in an ongoing investigation. 3. He had been mandated by a senior police officer to obtain said report as soon as possible to complete an investigation. He says he had the permission of the officer in charge at the time, Corporal Dinoo. He states that Corporal Dinoo told him he would not authorise him to use the police vehicle, but that he could use his own vehicle. 4. On the way from the hospital, he says his vehicle skidded and there was a collision at the Mosquito Creek. The Claimant was injured. 5. The Claimant submitted an application for his leave to be classified as injury leave. This has implications for his payment of salary and other related matters as explained in his claim. Injury leave occurs when one is injured in the course of one s duties. 6. Corporal Dinoo gave a statement that he had not authorised the Claimant to leave the police station to go to the hospital. Another officer, Police Constable Hosein, told Corporal Dinoo that he did not know where the Claimant was going. The Senior Police Officer in charge of the Police Station, Sergeant Morgan, said that he had previously given instructions at a lecture on 2 February 2013, attended by the Claimant, that no firearm was to be issued without authorisation by oneself (sic: himself). Page 2 of 9

7. Sgt Morgan and Corporal Dinoo both advanced that the Claimant was not authorised to leave. 8. The claimant s leave was from February 2013 to November 2013. The Senior Superintendent of the Division recommended the leave be classified as injury leave. The Commissioner of Police instead decided to classify it as sick leave. This had implications for payments and benefits as indicated earlier. 9. Standing Order 50 (Pt. 36) of the Police Service Regulations provides for a process in the event a police officer is injured on the job. It requires an investigation and submission of a report. 10. An investigation was conducted and a report submitted to the Commissioner. It is not in doubt that the Commissioner had the power to classify the leave. 11. The Claimant asserts the Commissioner was unreasonable and acted irrationally in classifying his period of absence as sick leave, based on what was before him and also what could have been before him if a more thorough investigation had taken place. 12. The Claimant also asserts that there was a breach of natural injustice and he was not given a fair opportunity to make representations specifically to what Corporal Dinoo and the Senior Police Officer had said about him. Page 3 of 9

13. The decision the Commissioner made was one within his authority to make. The question is, was it irrational or unreasonable in the Wednesbury sense. 14. The Commissioner placed an affidavit before the court. At paragraph 12, he asserted that he considered that even if the officer was performing a police function, he was not authorised by his senior officer to do so and if he is injured, the leave must be classified as sick leave and not injury leave. 15. The Police Commissioner was entitled to consider the statements and reports placed before him. He did so. He also had the Claimant s version in the form of a report. He did not hold a hearing. It is clear that he accepted the reports of officers Dinoo, Hosein (the sentry), and the Senior Police Officer in charge, Sgt Morgan. 16. Such a decision must be fair, as fairness is an indispensable component of the rules of natural justice. What constitutes fairness in any given case must be seen in light of the facts and context. In the case of R v Secretary of State for the Home Department ex parte Doody [1993] 3 All ER 92 at 106, Lord Mustill states the following: What does fairness require in the present case? My Lords, I think it unnecessary to refer by name or to quote from, any of the often-cited authorities in which the courts have explained what is essentially an intuitive judgment. They are far too well known. From them, I derive the following. (1) Where an Act of Parliament confers an administrative power there is a presumption that it will be exercised in a manner which is fair in all the circumstances. (2) The standards of fairness are not immutable. They may change with the passage of time, both in the general and in their application to decisions of a particular type. (3) The principles of Page 4 of 9

fairness are not to be applied by rote identically in every situation. What fairness demands is dependent on the context of the decision, and this is to be taken into account in all its aspects. (4) An essential feature of the context is the statute which creates the discretion, as regards both its language and the shape of the legal and administrative system within which the decision is taken. (5) Fairness will very often require that a person who may be adversely affected by the decision will have an opportunity to make representations on his own behalf either before the decision is taken with a view to producing a favourable result, or after it is taken, with a view to procuring its modification, or both. (6) Since the person affected usually cannot make worthwhile representations without knowing what factors may weigh against his interests fairness will very often require that he is informed of the gist of the case which he has to answer. 17. This was a matter for classification of injury/sick leave. It is not likely to have been a decision the Commissioner would make every day. However, it must be seen in the nature of the decision. Unlike the cases of H.C.A. 558 of 2005 Alvin Fortune v The Public Service Commission and CV 2011-00694 Justin Bailey v The Commissioner of Police which the claimant cited, where the decision was the laying of a disciplinary charge and dismissal from training respectively, this was not an instance where in my view, a hearing would be necessary. There would be no need for cross examination and for putting contrary positions. 18. The Claimant says the Commissioner could have done more. He could have enquired of others in the police station. He could have taken a statement from the officer s wife who had said she received a call from the Guapo Police Station from an officer that her husband was injured in the course of duty. He could have had an enquiry made as to whether the Claimant had in fact visited the San Page 5 of 9

Fernando General Hospital. None of this would likely have made a difference in any event. The issue the Commissioner was required to consider was whether the claimant had been authorised by his senior officer to leave the police station and to do so with a firearm on the day in question. 19. Mr. Ramnanan has submitted that it was irrational to conclude that the Claimant had left the station without the authorisation of Cpl Dinoo, given that he had gone to the San Fernando General Hospital to enquire of the medical report. In other words someone would not leave the station without permission to go to perform police duty. 20. I disagree with that submission. An officer may have left to perform a particular police duty, but for other reasons as well. 21. Clearly, given the records and information submitted, the Commissioner s conclusion cannot be said to be unreasonable or irrational. He accepted the version of Corporal Dinoo and others. It was open to the Claimant to submit other statements as part of his report also. 22. A court is not entitled to find a decision to be unreasonable on the basis that it may have come to a different conclusion. The court has to consider what was considered by the decision maker when coming to said decision. Tucker LJ in the case of Russell v Duke of Norfolk [1949] 1 All ER 109 at 118, noted the following: There are, in my view, no words which are of universal application to every kind of inquiry and every kind of domestic tribunal. The requirements of natural justice must depend on the circumstances of the Page 6 of 9

case, the nature of the inquiry, the rules under which the tribunal is acting, the subject-matter that is being dealt with, and so forth. Accordingly, I do not derive much assistance from the definitions of natural justice which have been from time to time used, but, whatever standard is adopted, one essential is that the person concerned should have a reasonable opportunity of presenting his case. 23. The quality and depth of the investigation undertaken must also have been proportionate to the nature of the duty concerned, in this case, classification of leave. It would not conduce to good administration for matters such as the classification of leave to become embroiled in having oral hearings in the nature of a tribunal making decisions. It would add a bureaucratic regime to the already heavy responsibilities placed on the Commissioner. 24. In my view the investigation was fair in all the circumstances. The Commissioner had all the information before him including the Claimant s report. 25. I also do not find that the process adopted was in breach of natural justice. The process required reports to be submitted. Both the Claimant and the other officer s versions were considered. The Commissioner did not accept the recommendation of the senior superintendent. He was not obliged to. He was entitled to conclude whose version he accepted. This he did. The Court is not properly placed to substitute its assessment. 26. In my view this is not an appropriate case to remit to the Commissioner for any further evidence or determination. Page 7 of 9

27. The issue of whether the decision of the Defendant was illegal and ultra vires the Police Service Regulations and contrary to section 4(d) of the Constitution was not pursued. 28. The Claimant also sought reasons for the decision of the Commissioner. Reasons were not provided until the Commissioner s affidavit. The Claimant was entitled to ask for reasons and to be given them. In the circumstances, where the reasons if provided earlier may have avoided this claim, notwithstanding the result, I make no order as to costs. 29. Finally, an issue was raised concerning the position of an officer who is injured on the job but who may not have been specifically authorised to act by a senior officer. Examples include: where an off duty police officer sees a crime taking place or where he or she who stops to assist with an accident or to acts to prevent a breach of the peace or assists in apprehending a suspect. 30. In answer to that I will say that a police officer is a police officer at all times. He is obliged to act where he sees a crime taking place or where it is necessary to act. For example, a police officer who is off-duty is entitled to act to render assistance at an accident scene or where he sees an offence taking place even if he may not have been specifically authorised to act. No part of this judgment should be seen as whittling down, in any way, a police officer s duty to act in accordance with the law and the Standing Orders of the Police Service. 31. The instant case was one where the officer was proceeding to the San Fernando General Hospital on an enquiry regarding a medical report, leaving a police station where the Commissioner concluded based on the reports before him, that Page 8 of 9

he was not so authorised to proceed by his senior officer. It is markedly different from a case where a police officer sees a crime taking place or is otherwise required to act in an emergency or in protection of others or where he acts while on one duty but not specifically authorised to act on another duty. In such cases it would be plain that an injury obtained in such a context would be one sustained in the course of his duty and accordingly should ordinarily be classified as injury leave. I say this only to make clear that the instant case was not one of those situations and thus constitutes no fetter on a police officer s duty to act in accordance with the law and the Standing Orders of the Police Service. 32. The result is that the claim is dismissed. Each party will bear their own costs. Ronnie Boodoosingh Judge Page 9 of 9