KINGSTON, Jamaica- A claim by attorney Isat Buchanan that he was wrongfully denied being appointed a justice of the peace (JP) has been thrown out by Supreme Court judge Justice Tara Carr who found that the arguments advanced by him are pointless.

Buchanan had filed the suit after applying to Custos of Kingston Steadman Fuller to become a JP in January 2017. He named the Advisory Committee for the Custos and Justice Minister Delroy Chuck as second and third defendants, respectively.

Essentially Buchanan had argued that he was informed, in a letter dated March 5, 2019, that his application had been approved.

He thereafter completed the mandatory training course at the Judicial Training Institute.

However, on May 17, 2019, he received a telephone call and the custos informed him that he wished to meet with him on May 21, 2019.

On that date, the custos advised him that he and the Advisory Committee had reviewed his application and decided that they would not recommend his commission as a JP on the basis that they were not satisfied that he was a person of unquestionable character.

Information received by the custos indicated that Buchanan had failed to disclose that he had previous criminal convictions when making his application and, as such, the governor general was to be advised of this decision.

In response, Buchanan applied to the court for leave to seek judicial review of the decision and was granted leave on October 7, 2019 to seek the remedies of Certiorari and Mandamus.

However, Buchanan amended the claim on April 22, 2020, and removed the request for orders of Certiorari and Mandamus. Instead he sought declaratory relief that he was recommended by the justice minister as a person to be appointed a JP, consistent with section 6 (5) of the Justice of the Peace Act, 2018; that in fulfilment of his statutory responsibility under section 6 (6) of the Act he participated and completed the relevant training courses; that he was commissioned as a JP for the parish of Kingston on May 29, 2019 by the governor general and based on that he had a legitimate expectation to be commissioned by the custos.

During the matter, heard on November 7, 2023 and February 23, 2024 it was disclosed that on the section of application that asked “Have you ever been found guilty of a criminal offence?” Buchanan ticked the box “no”.

Because of his status as an attorney-at-law, the custos stated that he did not refer Buchanan’s application to the police for further checks but instead sent the application to the justice minister for his consideration.

However, while Buchanan was attending the training course for prospective JPs the custos was informed by another JP that Buchanan had a prior history with the criminal law. The custos was also contacted by a senior police officer assigned to the Deportee Centre who indicated that Buchanan would not be a suitable person to attend the centre as he had been previously processed there as a deportee.

“Having received these complaints, the custos reviewed the application of the claimant and referred the application to the committee. The committee decided not to appoint the claimant as a JP, as they formed the view that, ‘Mr Buchanan’s failure to truthfully represent his position in relation to the convictions made it impossible for the Advisory Committee to be of the view that Mr Buchanan, at the time of his application, was of ‘unquestionable integrity’,” Justice Carr said in the ruling.

She concluded that the first three declarations sought by Buchanan “are superfluous” and refused them.

The judge also ruled that he is not entitled to a declaration that he had a legitimate expectation to be appointed as a JP as he failed to make full disclosure on his application thereby nullifying his recommendation.

Additionally, she ruled that Buchanan is not entitled to take the oath of office as the custos, in the exercise of his discretion, “has found that he has not met the requirements as set out in the Justice of the Peace Act”.

Justice Carr made no order as to costs.