Police corporal loses bid to be reinstated as sergeant
DETECTIVE Corporal Ira Raphington yesterday lost his bid in the Supreme Court to have the constabulary reinstate him to the rank of sergeant, which he held for just a week before being demoted.
Raphington, a member of the Organised Crime Division, had asked the court to overturn the commissioner’s decision to make void the promotion he got just four months after he was placed on suspension, following allegations that he had taken a bribe from suspected car thief Clive Dyer, whom he was investigating in 2005.
Raphington was taken off front-line duty and was asked to give up his weapon on August 26, 2005 after Dyer told the police, following his arrest, that the policeman had taken $150,000 from him with the promise that he would not arrest him.
In November 2005, while on suspension, Raphington was recommended for promotion to the rank of sergeant. He took the relevant tests and interviews and was later told by his superior that he had been selected for the position.
Raphington, 37, was promoted on December 20, 2005 (effective December 1), placed back on front-line duty, and reissued his firearm. However, a week later, the 18-year police veteran was demoted “without explanation”.
In the ruling against Raphington, who was cleared of any wrongdoing by internal police investigations, Justice Lloyd Brook said that although the “swift reversal” of the promotion would have “naturally been disappointing”, the policeman “was not entitled to have the commissioner’s decision overturned”.
Justice Brooks found that the commissioner did not breach any provision of the constabulary force’s regulations “concerning promotion”, as the promotion was “clearly stated to be for a probationary period”, and that confirmation was therefore subject to the commissioner.
The judge said that the retraction of Raphington’s promotion cannot be viewed as disciplinary actions as the allegations against him were not the basis for the decision to not allow him to remain in the post of sergeant.