The Eastern Caribbean Supreme Court (ECSC) has ruled in favour of former police officer, Levi Maximea, who had lost a matter in the High Court.
Maximea had taken the Police Chief and the Police Servce Commission to court on the grounds that he was “unfairly treated.”
Maximea joined the police force in 1982 and resigned in February 2011.
In submissions made to the High Court, Maximea listed many complains, among them was the “decision, actions, conduct and/or omission of the Chief of Police and the Police Service Commission in neglecting, failing, or refusing to evaluate his performance as prosecutor at the Roseau Magistrate Court in the exercise of their powers vested under the Constitution contravened regulations 20 (2) 31, 333 of the Police Service Commissions Regulations, regulations 3 and 27 of the Police Regulations and the rules of natural justice.”
But High Court Justice, Brian Cottle, ruled against him.
“The defendants admit that the claimant’s performance was not evaluated,” Cottle said in his ruling. “Despite this the claimant was promoted to act as Corporal of Police on several occasions and even as Sergeant of Police after he had been promoted to corporal.”
Cottle stated it is unclear that the failure to evaluate the claimant was causa sine qua non of his failure to be promoted to the ranks he considered himself to be entitled to attain.
In legal terms a “causa sine qua non” means “an intervening cause of loss which, though not direct, may nonetheless contribute to the loss.”
Cottle stated that since the claimant had resigned from the Police Force, despite all the effort invested in this litigation it now makes no sense to continue the matter.
“The relief the applicant prays for are all of merely academic nature at this stage,” Cottle stated. “The defendants in their conduct of this matter did not cover themselves in glory. The State should always be an exemplar. It cannot be demanded of citizens to comply with the civil law process if the State is seen to be disregarding its obligations as a litigant. But what is clear is that no live controversy now remains between the parties. In circumstances such as these the court does not grant declaratory relief of the nature the claimant seeks.”
He noted that he considers it inappropriate for the court to make declarations which will serve no practical purpose.
“This position was adopted in Attorney General of St Lucia. Monica Joseph v Dr. Vaughn Lewis Civil Appeal 12 of 1997. ln the exercise of my discretion I decline to grant the claimant the relief sought. I make no order as to costs,” Cottle said.
But Maximea was not satisfied with Cottle’s ruling and he took the matter to the ECSC.
Maximea, who acted as his own attorney both in the High Court and before the ECSC, was successful is convincing the judges the Cottle’s judgement was wrong and hence his appeal was allowed.
He was granted cost of $2,500.
“The appeal is allowed, the declaration sought is granted, the Commission of Police breached section 31 of the Police Service Commission (PSC) when they failed to forward to the PSC and the relevant ministries the staff report pertaining to the Claimant,” the judges said in their ruling.
They remitted the matter back to the High Court for determination as to whether Maximea is entitled to any other reliefs in the form of damages “and the quantum.”
The State was represented by Pearl Williams from the Attorney General Chambers.
Congratulations Mr.Maximae.
which is it ? contempt of court or court or court of contempt? the judges and magistrates love to use their powers to charge people with contempt of court when in many instances it may appear that they are the ones who have contempt for the people. yes milord.
How come we jhave Policemen who throw out money in the garbage bin and shortly after get promoted ? Should that not be part of the assessment?
Superb job Mr. Maximea, Dominica needs more informed citizens like you.
I have often been chastised by some of my friends for been critical of our current day judges, but as the appeals court continues its current session sittings, it becomes more obvious, that my concerns and criticisms are justified.
Regardless of the lawyer one has representing them in any matter, you are your best advocate. Never forget that: true the attorney is trained in the law, but the intimate details of the circumstances are known only to you, and so when lawyers in protecting their own interest and that of the system they serve, may not be as sensitive to your cause, you are left at the mercy of those judges who fail to do what they have been charged to do, i.e. to Interpret the Law, and apply it not make laws of their own, the part of making laws is solely the domain of the legislature, made up of your elected representatives.
I hope that those persons who feel that judges are above critics when they make bad decisions, either from misinterpretation, of the law, interpreting facts for convenience, or failing to apply the law as interpreted, will learn something from this case.
P.S. I am not suggesting by any means that one should always be representing themselves in court matters, since the system is very complex at times and requires persons trained to deal with those complexities’ to represent you
.
Well done Ex officer, esp. as you represented yourself. The chief (who ever) was just simply jealous of your performance. Congratulations!
Well done Maximea. I believe each police officer should take a leaf from the outcome of the appeal. The appraisal system in the police force seems rather useless to those responsible for promotions, and it would appear that promotion is based on friendship, if i like you or not, how good you can carry news or gossip, and your willingness to succumb to abuse of power and authority which still exist. Anyway i’m just praying that one day, the good Lord will cause an overhall in the Police Force. The Police force needs a cleansing from top to bellow and a renewing of minds. After this, the envy, hatred, malice, and unforgiveness that presently exist will be made obsolete.
Change within the CDPF is a MUST, NOT an Option!
The only thing good happening in the force- or so it appears- is that we see a lot of women being promoted nowadays. Thats good from a layman’s point of view in that it “appears” that equality of the sexes are at play. However, a deeper look beneath the surface will shock a few people. Hence I say once again, Weeks or Evonne Alexander for Commissioner (Hobbs can stay as Deputy or make him commissioner and Weeks or Yvonne Deputy).
Change Is A Must!
Assertive, NOT Aggressive!
Good job levi
All that zafeh just for $2,500? Stupes
lol lol, and he mayb pay more wi for tht case
Not that Brian Cottle again?
This could be a game changer in the police force and other government positions. Congratulations Levi.
You mean $250,000.00 or $2,500.00? That doesn’t sound too correct after going through all that.
A lesson to be reminded,” once a cop always a cop!” Congratulations. to my course mate we are proud of you. The lesson remains, justice delayed is justice denied, again once God justice is the only justice that matters. Our tax money is going to pay you my brother. We should have a task force to investigate how much of the people`s money goes towards matters of that nature.
People Cottle again; I mean for the last couple seatings of the ECSC and the appeals court how many matters of Cottle decisions have been overturned? How many decisions at the Chief magistrate and magistrate court have been overturned or nullified and or sent back to trial? anybody keeping tabs? how many errors of judgement have we had during yjese sittigs ? anybody keeping tabs? but isn’t it the same people. the Cottle’s and the Baptsite’s and the AG that were heavily critical of Tiani Behanzin that made us to believe that he was the worst thing that ever sat on the bench? where are the comments now? why are we not saying anything about the unprecendented number of cases at the high court level and at the level of the chief magistrate that being overturned for mere inefficiencies and lack of procedure and in some cases a blantant disregard of the law.emmmmmmh Dominicans as a people are so sometimish is not funny – we lack consistency;
My lawyer said to me the same thinhg about Cottle that many of his decissions would be overturned.
May God grant me the strength to return to my country cause there is no life for young people home-they dont want young people to prosper, not even if you are way above the minimun qualifications and completed training.If you have any questions on why i say so, call me at 18094265251.