An application by interdicted Police Federation chairman Corporal Rohan James to be reinstated pending the hearing of his appeal has been denied by the Court of Appeal.
James’ attorneys had applied for a temporary stay so that he could resume his job as chairman of the federation until the court heard a challenge to his interdiction by Police Commissioner Major General Antony Anderson.
That court challenge is set to be heard in the Supreme Court on September 28, 2023.
James was interdicted over remarks he made in July at a funeral service for a slain cop. Following a probe, the police commissioner directed that disciplinary action be taken against James at a Court of Enquiry. James was also interdicted from duty with immediate effect at three-quarters of his salary.
In a ruling dated September 14, 2023, the Court of Appeal said that the application for leave to appeal the interdiction was refused.
In explaining its decision, the court said the effects of the action taken against James had been ameliorated somewhat by his salary being restored to 99 per cent (although he has lost the benefit of two allowances) and the halting of the disciplinary process against him pending the hearing in the Supreme Court.
The court also indicated that as a consequence of James' interdiction, the Federation is now served by an acting chairman and other functionaries, notably a general secretary and other officers.
The court said while the absence of a chairman might affect the duties of the Federation, it is inconceivable that the Federation does not possess some mechanism to ensure the continuation of its objectives in the short term in the absence of the chairman.
The former chairman is represented by Hugh Wildman and the Respondent is represented by Peter Champagnie KC and Neco Pagon.
Speaking at the thanksgiving service for the life of slain Constable Damien Blair, at the Old Harbour New Testament Church of God in St Catherine on July 15, James reportedly chided the police high command for allegedly failing to have overtime payments made to rank-and-file police personnel, despite the Government approving such a system to calculate and make the payments.