BRIDGETOWN, Barbados (CMC) — Former Commissioner of Police of Barbados Darwin Dottin had his request for special leave to appeal denied by the regional court — the Caribbean Court of Justice (CCJ).

The regional court, in written reasons issued on Tuesday, denied the refusal of interim relief that Dottin sought following his removal as commissioner of police four years ago.

“Since his claimed relief was to enable him to continue in office and he had retired before his appeal to the CCJ, his appeal was without practical merit,” the CCJ said in a statement.

The CCJ heard the application on July 14 and stated that Dotting’s substantive case concerning his dismissal remains to be heard by the Barbados High Court.

“He asked the court to determine that there is no such concept as “administrative leave” and that he could not have been compulsorily retired in the public interest under The Barbados’ Pensions Act of Barbados”.

In June 2013, the former commissioner was sent on “administrative leave” by the governor general of Barbados, after the Police Service Commission had recommended his retirement in the public interest.

However, Dottin filed for judicial review of their actions and also sought several injunctions or orders, pending determination of his judicial review claim.

This included an injunction restraining steps from being taken to force him to retire and to appoint a new permanent commissioner, and an order that the status quo be maintained so that he could return to work as commissioner of police.

Justice Reifer, judge of the High Court in Barbados, heard the interim matter in July 2013 and handed down her decision in September 2013. She substantially granted the interim relief sought by the commissioner, though only against the Police Service Commission, but refused to make an order enabling the commissioner to return to work.

Dottin later appealed the refusal and that case was heard in February and March 2016 and the judgement handed down in March of this year.

The Court of Appeal agreed with the decision of Justice Reifer and dismissed the appeal.

However, by then, reinstatement was not possible as the commissioner had retired, having commenced his pre-retirement leave in November 2016.

Nevertheless, Dottin sought leave from the CCJ to appeal the decision of the Court of Appeal, arguing that the High Court and the Court of Appeal had erred in not considering whether there was no concept of administrative leave and no possibility of compulsorily retiring him in the public interest.

But the court noted that the former police commissioner “cannot avoid due process under the Barbados judicial system and come directly to this Court (CCJ), by-passing the views of the High Court and Court of Appeal, and having this court usurp the role of those courts”.

The court also encouraged counsel to proceed with the substantive hearing of matters unless a stay had been granted by a court order.

The CCJ dismissed the application for special leave and ordered costs of BDS$6,667 in favour of the Police Service Commission.