Government appeals Perinchief judgment
Government will appeal a landmark ruling that a former Assistant Police Commissioner was unlawfully made redundant.
Last month Wayne Perinchief won his case when Puisne Judge Norma Wade said Government acted unlawfully when it abolished his Police post.
Yesterday Government said that after consulting Attorney General, Elliott Mottley, it will launch an appeal against the ruling.
Notice of the appeal was lodged yesterday. No date for the hearing has been set.
However the appeal has been lodged on four grounds -- each saying that the Judge erred in law in her judgment.
The ruling opened the way for Mr. Perinchief and other officers made redundant to sue Government.
No figure has been put on Mr. Perinchief's claim but Shadow Home Affairs Minister Alex Scott estimated that claims by former officers could cost Government $1 million.
Mr. Perinchief was one of two officers made redundant in January when Police Commissioner Colin Coxall trimmed down the Force's hierarchy by abolishing one Assistant Commissioner and two Superintendent jobs as part of his Service Strategy.
However under the 1974 Police Act, legislation has to be passed before the size of the Police establishment can be altered.
In her ruling, Mrs. Justice Wade said Cabinet endorsed the Strategy and recommended it to the Public Services Commission which in turn recommended it to the Governor Lord Waddington.
But she said no legislation was passed and quashed the decisions by Cabinet, the PSC and the Governor and ruled that in effect the Assistant Commissioner's post was never abolished.
"The decision to abolish the post is in breach of the powers that Government has given to make the decision. The decision is therefore unlawful,'' she said in her ruling.
The other officer made redundant was former Superintendent George Rose who consulted his lawyers following the Perinchief ruling. Yesterday he was not available for comment.
It is not known if the appeal will affect Mr. Perinchief's claim for compensation for six lost years in service. His lawyer Mr. Duncan was not available for comment.
COURTS CTS