Inspector takes Commissioner of Police and PSC to court

Court SentenceThe Court has fixed the month of July 2016 for the beginning of the trial in a case involving police Inspector Michael Laudat who is challenging the decision of the Chief of Police, Daniel Carbon, and the Police Service Commission (PSC) to bypass him for the post of Assistant Superintendent of police.

A police officer for over 35 years, Laudat is challenging the decision of the PSC to appoint McKelson Ferrol Assistant Superintendent over him after the retirement of Assistant Superintendent Stafford Vigilant.

Laudat has acted on several occasions as Assistant Superintendent of police and he applied for the position when it became vacant. However, he was not recommended by Carbon despite being the most qualified and experienced person for that post.

In his suit, DOMHCV 324 OF 2015, Laudat states that, “in the circumstances, I say that the decision to overlook me for promotion in favour of a police officer who was less qualified was unreasonable, unfair, biased and deprived me of the legitimate expectation to be promoted based on the object criteria of seniority, experience, educational qualifications, merit and ability together with relative efficiency.”

An Order dated March 7, 2016 from Justice Bernie Stephenson stated that all parties shall disclose all documents which they will seek to rely on in this matter on or before March 30, 2016.

“The parties shall file and exchange all witness statements/affidavits in support of their case in the matter on or before the 22 April 2016…the parties shall seek to agree on a list of issues for determination by the Court not later than 6 May 2016 failing agreement the parties shall each file and exchange a list of issues not later than 13 May 2016,” the Order stated.

The Court also fixed June 30, 2016 for the filing of Bundles not later than 3.30pm on that day.

“Trial fixed for one day, trial window in the month of July 2016 should a date become available earlier, the Court will notify parties no later than 14 days notice. There shall be no further applications made or filed in this matter after 15 June 2016, the question of costs to be prescribed cost if not agreed,” the Order said.

Laduat is attached to the office of the Director of Public Prosecutions (DPP) as Principal Police Prosecutor and has had several local, regional and international training stints from 1990 to 2013 in various fields of crime, prosecuting, among others.

He deposes that during his tenure as an Inspector of Police, appointed in March 2003, he was superior in the “content of qualification, seniority, broad-based police experience, educational and special qualifications, merit and ability and relative efficiency to Assistant Superintendent of police McKelson Ferrol.” Ferrol was appointed to the office of Inspector of police with effect December 1, 2011 in a vacant post.

He went on to state that the failure of the Chief of Police to recommend him for the appointment to the rank of Assistant Superintendent of Police was “unreasonable, biased and did offend my legitimate expectation for recommendation for promotion”.

Laudat is not the first police officer to challenge the decision of the PSC. In 2001, now Superintendent of Police Cuffy Williams challenged the Chief and PSC when he was bypassed for the post of Inspector of police. The court ruled in his favour and he was later appointed to that post.

Wayne Norde and Bernadette Lambert from the law chambers of Norde & Lambert are solicitors for Laudat while Tamika Hyacinth Burton from the office of Attorney General is representing the Chief of Police and the PSC.

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51 Comments

  1. a victor
    March 20, 2016

    The issue of appointing people base upon those who sing your song seems prevalent now more than ever before. This is happening in the Police service, Fire service and recently I heard it happened in the Prison service. Recent appointments in the Prison service seems to reflect party colored persons rather than experience, capabilities and qualifications for the positions.
    There were recent appointments made ,all those are from the RED PARTY even with persons that have little experience as acting in those positions,
    Can you imagine after five (5) years acting in a post continually,someone else with less than three (3) months combined experience is given that position?

  2. March 19, 2016

    Some humor! Seriously! we have be come worst than HollyWood. We have the most acting position in our small Country than there are actors in HollyWood, that in it self is a move to keep persons in check and restrict their scense of independent thinkers, it`s not rocket science, sadly to the detriment of Dominica.

  3. Caretaker
    March 18, 2016

    Refer your superior to court in line of promotion. Where is your discipline for the Police Force? sack him with no pension

  4. Dr Clayton Shillingford
    March 18, 2016

    Well here we go again..It seems to me that the Police Div has been corrupted by politics..
    For example How could it happen that a person who is before the magistrate court for placing an unlicensed gun to someone’s head can be asked to come to the Portsmouth police Station to obtain the gun which is evidence in the criminal trial..It is alleged that the then Chief of Police played a part in this

  5. Foreigner
    March 18, 2016

    You need not be biased and post all comments. You are selecting what you want others to read. As I said promotions is not always based on first in line, as you all seems to think in Dominica. I won’t be participating in your comments anymore as I can clearly see you all are biased. And for the record I have copied what I have typed and will let others know, how our comments are not based on free speech, but what political party you backing. As an editor you should not be favouring one side or another. That’s why some people need to be bypassed.

  6. Just My Thought
    March 18, 2016

    This level of injustice need to stop in the country. There is a similar situation in the Fire Service also with the position of Deputy Fire Chief. It is really discouraging employees that take their work seriously with the expectation of getting promoted

  7. Face the Facts
    March 17, 2016

    He was first in line to be promoted. Why was he not given the promotion? If he had the qualifications and capability, he should have been promoted.
    I can understand his feeling when he was by-passed. It is a humiliating one. The question is why? This will be proven in Court.

    • Francisco Etienne-Dods Telemaque
      March 18, 2016

      Anyway for once in your life you have stood up for right and justice denied; and so I will give you a thumbs up, I hope I do not live to regret giving you a thumbs up eh!

  8. Foreigner
    March 17, 2016

    There are many reasons people get bypass, do you all know why he got bypassed. It could be that he get defensive when he get constructive feedback. Don’t have a solid strong relationship with his boss. He complain, gossip, or have bad attitude.

    • Francisco Etienne-Dods Telemaque
      March 18, 2016

      In Dominica the only reason is political, if the he was suitable to act in the position, all of a sudden he is overlooked? You all need to understand if he was not if they had not seen his potential, he would not be recommended to act in the position.

      Victimization in Dominica has no bounds, I bet if one check into his political affiliation we may find he is not a supporter of any political party, another and not the DLP!

      How about that!

      I will bet anything; including my life, if he goes home today and decorate his house in bright red, and, walk around in a devil red suite and scream to the top of his voice ” God bless Skerrit” by tomorrow morning he will be decorated and confirm in the very position!

      The man promoted above will automatically fired!

  9. Foreigner
    March 17, 2016

    Dominica Dominica, it seems to me that you have a personal vendetta against the person whom you are referring too. You went to school with him, but you can clearly see your jealousy of him. Why are you gossiping about him with people that he trained with. Backstabber. He clearly did not promote himself. People get bypassed all the time. Obviously, he is the best person for that position. Promotions are not about longevity, it is not enough to just be “qualified”, promotion is about the future not the past. You get promoted because you are a leader. So stop obsessing about “politics”

    • March 19, 2016

      You see one person agree with you three disagree the eyes have it. And who ever you are ,darling there is absolutely no jealousy.

  10. peeping
    March 17, 2016

    Anyways big up to DNO. Give it to them eh. Thousands of people read those comments even my friends overseas. There are some high ranking people in society at all levels who read thiose comments but don’t respond. They are just peeping from their expensive political,business and educational windows-most wearing glasses.
    This DNO helps to keep all and sundry in check ebe weh. some of these are taken to politiical, business and religious tables for private discussions. Yes i DNO Good job. :-D

  11. mine
    March 17, 2016

    Promotion comes form God if it was meant to be nobody would have gotten it than you. So many years in the force you fighting for promotion. Ilife is short enjoy waht the Almighty bless you with. greed is not is answer. Lord have mercy on you all.

  12. March 17, 2016

    For the sake of Dominica, our police officers, and the police force, not hating, but let’s be fair, based on the aforementioned qualificationds thats a no brainer. How can we boast of a proud police force,when we allow such miss carriage of justice on one of our own officers, for alleged reasons beyond ones, performance and qualifications? Is mind boggling. We say a chain is as strong as its weakest link, and we are exposing our selves, by such actions. This is unfortunate such matters have to go to a court for redress hence sending the wrong message to other officers and the public. Surfice it to say such a situation is not new to Our. Police force

  13. Shameless
    March 17, 2016

    Comrade Laudat, keep you head high and hold tight. Justice is this land is unpredictable but nah will see you through. No man is perfect but I dear say none of those holding a rank above you barring Mr. Weeks (equal in terms of promotion worthiness) has the experience and policing ability you posses. I remember the days when guys like you, Weeks, Andre, Ausso and former Woman Insp. Austrie, Rayburn Blackmoore and others working under the good old Insp. Thef-Act made all dominicans proud of the CID.

    The garbadine bunch holding rank above you today can never replicate your efforts sir. The Chief and PSC have insulted you sir and you must never take it laying down. Fight to the finish sir and when its said and done I will take a nice nanny or Must-Cover with you :mrgreen: .

    Always Assertive! :twisted:

  14. real possie
    March 17, 2016

    Well maybe after your past performance in the acting position they figure you won’t be good in that position. When you have to look a senior police officer who just left the police force and went into politics, and says nothing when members are inciting riotous mobs, I can see why they may have passed on you.

  15. Francisco Etienne-Dods Telemaque
    March 17, 2016

    ” the failure of the Chief of Police to recommend him for the appointment to the rank of Assistant Superintendent of Police was “unreasonable, biased and did offend my legitimate expectation for recommendation for promotion”.

    Well my boy, by now you are aware that one only advance, based on how low they can bow, he who bows the lowest, and kiss the rear end of a certain individual, and sing his praises regardless of educational background and lake of efficiency are promoted based not on their ability to perform, but because they spread the political gospel of a certain dictator!

    I honor and respect you since you refuse to subject yourself to any form of dishonor by allowing fear to muzzle you from speaking out and fighting for your legitimate rights.

    Senor officers are supposed to be promoted ahead of their subordinates, especially if their educational background exceeds that of the junior officer!

  16. For your Rights
    March 17, 2016

    All right-thinking Dominicans must applaud, commend Inspector Michael Laudat for his fearless challenge of that ridiculous appointment of someone less knowledgeable, less skilled, less experienced, less intelligent, less proficient, less capable than him.

    Honesty, fairness, integrity, discipline and all the other good attributes should be the hallmark of any police institution. Yet what we see and hear are appalling, shameful, unbelievable.

    How could Dominica’s top police criminal investigator be sent to Traffic, when crimes, violence, corruption are on the increase, not in vehicular traffic? what crimes in the traffic Dept. does he have to investigate? Wouldn’t his knowledge and skills be better in CID, for e.g., to try to investigate thoroughly and solve many of those criminal cases, and bring the criminals to justice?

    Dominicans know, by now, why all those things are happening. Laudat show the way, fight for your RIGHTS.

  17. March 17, 2016

    Congratulations on your bold stance Insp Laudat M; It is rather strange and i have always found it confusing that the custodians responsible for the overall discipline and governance of the Commonwealth of Dominica Police Force have gotten it wrong so often. It is high time that the proposed amendments to the Police Act be visited with a view of ending the politicization of a once proud Police Force, in which dedicated men and women served and received their just rewards.

  18. sabby
    March 17, 2016

    Ha boy I was roughed up for going to the house to attend to the peoples business… oh boy what goes around comes around…but I thought you and ferrol were eating from the same red bowl…now all you like crabs in a barrel!?

    • Shameless
      March 17, 2016

      Fair is fair Sabby. You may have had your unpleasant experience but we must all render to Ceaser what belongs to Ceasar red, blue black or pink especially in the public and civil service. Most of us will agree that Insp.Laudat is a very fair police officer but by no means perfect. I can assure you that if Insp. Laudat or Weeks was in the CID (Where one of them belong at this time) all that nonsense that is ongoing could not happen. Why do you think they have neither of them leading the investigation in the statement being circulated? :twisted:

      Always Assertive! :twisted:

  19. befilia
    March 17, 2016

    Mr. Laudat don’t take it personal nuh, but you doh think its time for you to be retiring. I mean come on. At that age you making noise for promotion. If I were you, after 35 years, man I would be taking a cruise and enjoying myself. I just 43yrs and I already want to retire. Man just take it easy, don’t stress yourself, life is too short for that. Remember PROMOTION COMETH NEITHER FROM THE EAST, NOR FROM THE WEST, NOR FROM THE SOUTH.

    • Face the Facts
      March 17, 2016

      Well then, call it age discrimination why he was not appointed to the position. It would be interesting for the Court to know this.

  20. March 17, 2016

    Sir I believe you,you are more qualified than the person they gave the post too. I know that person very well ,we went to school together and let me tell you he was not bright…and I know someone who was on training together with him and you should hear the stories. I will tell you it all have to do with politics.

    • Face the Facts
      March 17, 2016

      Maybe not politics but an underlying reason.

  21. Erasmus B. Black
    March 17, 2016

    The entire system is allegedly broken and this disheartening case in particular shines and stinks like a rotten mackerel in the moonlight. But what did we expect when the Dear Leader allegedly makes it his personal business to find out which political party every employee and their mother and father, nenen and pawen voted for? The putrid stench of political interference hangs over the entire selection process from chief to car washer and may well prove to be the stumbling block in fighting crime. Welcome to the next level!

  22. Morehei_Ueishiba
    March 17, 2016

    Dominica needs a Donald Trump to clean it up. 8)

    • Me
      March 17, 2016

      No thank you! You want to swap one despot for another? Give me a break.

    • Face the Facts
      March 17, 2016

      As long as he comes with all his money to relieve the poor of their poverty, eradicate poverty and crimes.
      He may be a good candidate to discipline the wayward youths that may become useful nationals and more. . . . Then he is welcome.

  23. Caretaker
    March 17, 2016

    Mr. Carbon is well known for not supporting his police officer. He attended a post mortem and his remarks condemn the police officers. This TIME he must g-o

  24. eat em
    March 17, 2016

    Boy you want to be police chief under this regime? You might just be turned into a poppet. But you have the right to seek justice. Just remember this is Dominica.

  25. peeping
    March 17, 2016

    Its heart-rending when we hear matters involving Police this and police that. What is Wrong here. Just make Mr Weeeks depity Chief so that he can work closely with the commissioner in giving wisdom and direction. We need more spirtual men at the Helm. We are not putting God first in the country. This petty thing about position here and position there makes not sense. Leave that up to God to deal with. Where there is unfairness he will reign his wrath. Life is short. A little swipe of God’s finger across a man’s heart and Bam! he/she is down wiith heart attack, prostate or cervical-C. So what’s the big deal. If you feel you have been spited and should have been promoted and you did not get it, done with that and go to God, he will deal with the matter some way some how. Allu need to pray like me and Weekes.

  26. real deal
    March 17, 2016

    Politics is crippling Dominica. From my experience and knowledge they should never have bypassed that officer who has seniority and who acted in that position for a number of times for a less experienced officer. But I guess that’s the nature of the beast the Skerrit government is to have total dominance over every institution and the people. We must read our country of that kind of evil practice and behavior.

    • FORKIT
      March 17, 2016

      and who is more qualified and is an inspector since the 90’s….. all theu worth is job for the boys

  27. Charles
    March 17, 2016

    Is this gentleman not a labourite?

    • FORKIT
      March 17, 2016

      what does that have to do with is overdue promotion

  28. %
    March 17, 2016

    Dominica started walking the road of a failed state from 2000.Now is is a completely failed state. To eat bread, you must walk their walk and talk their talk..

  29. Delvin Castro
    March 17, 2016

    Dominicans need to take skerrit to court for there misery in de country.

  30. AAGabriel
    March 17, 2016

    Good for you, Sir. I wish you all the best. I just hope that more people will start challenging this wicked regime and their supporters. Good luck!

  31. Titiwi
    March 17, 2016

    I very much look forward to this case, not because I hold any opinion regarding the merits mr. Laudat’s claim but in the interest of justice and have it aired in public how promotions and/or appointments in public office are arrived at. Purely on merit or……..? This hearing is vital, especially in a small community like ours where confidence in our police is of paramount importance.

  32. cameron
    March 17, 2016

    Dominica will never move forward,and will continue to suffer disasters from the almighty,and make it worse the corrupt government.If you dont clean the floor for Skerrit,you cant move up the ranks,

    • BE FAIR
      March 17, 2016

      second the motion. It looks like once you challenge Carbon and the rest, the people in the PSC is running the show. Ian Munro takes orders from Blanchard
      The next Police office to take that step is soon coming.

  33. K
    March 17, 2016

    The reason why they didn’t appoint him the promotion. Could be my two cents eh. That’s he can’t be bent when it comes to justice and the proper coarse of doing the job the right, way. They may drag this case until the cases of inappropriate behavior which is happening in Dominica has cooled down. So they will be able manipulate the law to suit the high profile business men. And continue to please the government while the citizens of the land continue to receive injustice only then will he be appointed to the position, very sad but mr. Laudat fight for your rights sue them self mr.laudat

    • citizen
      March 17, 2016

      Based on your comments are you saying that the pronouncement of Mr Henry Shillingford in the court where he was charged for contempt of court could be right? if so this can be a topic for more discussion and debate with a view to remedy such situations if and when they occur.

    • Tjebe Fort
      March 17, 2016

      Eh ben, maybe they will give mr. Carbon a judicial review. What you say?

  34. derp
    March 17, 2016

    you do see law in Dominica is a joke…

  35. R we screwed as a nation?
    March 17, 2016

    go Mike!
    “Mike is right. Mike is always right” Mike Douglas 1979

  36. oh Yes
    March 17, 2016

    Such cases are highly desirable in fragile democracies like Dominica’s. Political bias, nepotism, lack of respect, back ward thinking and mere lack of proper management all round retard a country’s development. I thetefore applaud the wisdom and bravery of Inspector Laudat in pursuing this course of action. From a management point of view such challenges with merit are welcome.

  37. Hmmmm
    March 17, 2016

    Is so it is in Dominica my brother they know you can do the job ,they seen you do it but they will make you clean floors before they give you the position, fearless if you voice your views they will sure fire you …..but tell the captian the ship is sticking cahmem

  38. Lallalal
    March 17, 2016

    It is time we take things how they should be. We are a n unfair society

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