EIGHT narcotics cops, believed to be the largest number to be cited all at once by the Police Services Commission (PSC) for retirement in the public interest, are fighting the decision in the Supreme Court.

They have already secured a stay of execution from the Supreme Court until February 8, 2006 when their defence is to be heard.

The eight cops, a mix of sergeants, corporals and constables, were accused last month of assisting drug couriers to elude airport security systems and board airline flights with illegal substances in October, this year, following an internal police investigation.

Attorney Arthur Kitchin, representing the seven men and one woman, gave notice December 9 of his intention to file an application to the Supreme Court for an Order of Certiorari to quash the PSC’s decision and an Order of Prohibition to prevent the PSC from causing or compelling the cops to retire from the Jamaica Constabulary Force in the public interest.

In a December 22 decision, Supreme Court judge, Justice Roy Anderson ordered that no further action be taken in the matter until February 8 when the application will be heard in chambers. The Office of the Public Services Commission was not represented.

The judge also ordered that a Fixed Date Claim Form be filed and served on the Attorney-General.

The officers to be retired in the public interest are: Detective Sergeant Dalton Samuels and Corporal Norma Cecile Porter-Thaxter of Area 3 Narcotics Division, Mandeville; Detective Corporal Teeshan Gordon, constables Elvis Vassell and Dwayne Mullings of Narcotics headquarters, Kingston; Corporal Enos Williams and Constable Kenneth Lloyd Brown of Area 2 Narcotics, St Mary; and Constable Oral Hylton of Area 1 Narcotics, Montego Bay, St James.

All eight were stationed in Montego Bay when the alleged incident for which they were fingered occurred, and were transferred to their current stations while the investigation was underway.

In a letter dated November 16, 2005 to the accused cops, the PSC said that following its consideration of a report of their conduct by the commissioner of police, the commission agreed that steps should be taken for their retirement from the Jamaica Constabulary Force, in accordance with the provisions of Regulation 26 of the Police Service Regulations 1961.”

A statement setting out the grounds on which their retirement was contemplated said they had facilitated drug couriers to by-pass security measures at the Sangster International Airport to board international flights with narcotics, in the north coast tourist resort city.

It is alleged that in October, Mullings and Brown conspired and facilitated drug couriers, Aaron Troy Bonner and Shantella Syretta Bedeau, to smuggle one pound of cocaine in a bottle labelled Noni on an American Airlines flight destined to New York.

“Accordingly, the Police Services Commission, having considered the police commissioner’s report and your usefulness to the police force, has agreed to initiate steps towards your retirement from the Jamaica Constabulary in the public’s interest,” the PSC letter said.

It gave the cops 14 days in which to reply, setting out the grounds on which they should not be retired in the public interest.

Kitchin countered that the PSC’s decision was unlawful and in breach of the principles of natural justice and/or the Jamaican Constitution, because the cops were not given a hearing.

“It is unjust, capricious, arbitrary and null and void because my clients were never given a fair hearing or any hearing at all, neither by the police commissioner or by the Police Services Commission prior to the decisions taken to retire them in the public interest,” Kitchen said.

“You know from my directions, the allegations of criminal or unprofessional or improper conduct by my clients were never ever established or proved beyond any reasonable doubt.”

He further charged that disciplinary procedure contemplated by Police Service regulations 1961 in respect to allegations was not followed by the authorities and was being unlawfully circumvented by recourse to Regulation 26 to effectively dismiss the cops.

Shortly after he took office earlier this year, Police Commissioner Lucius Thomas vowed to rid the police force of dirty cops, and the move to dismiss the eight appeared to be in support of his pledge.

A high-ranking police source also told the Sunday Observer that a police superintendent and a detective inspector have also been cited by the PSC to be retired in the public interest in relation to separate drug incidents.

The inspector has applied to the Supreme Court for a judicial review and for Prohibition Order to quash the decision and prevent his retirement in the public interest, the source said.

whytetk@jamaicaobserver.com