Sat | Dec 10, 2016

Judicial Review Court quashes demotion of cop who handled Janeel Goulbourne case

Published:Thursday | November 13, 2014 | 1:06 PM

Barbara Gayle, Justice Coordinator



KINGSTON, Jamaica:

The Judicial Review Court has ruled in favour of the police officer who was demoted for his handling of the Jhaneel Goulbourne case.




Goulbourne is the 14-year-old schoolgirl who, on October 10, 2008, went missing from her home in Harbour View, St Andrew.



Constable Rushon Hamilton was convicted in October 2012 of the murder.



In court documents, Police Corporal Chester Hamilton, who was a detective at the time said in 2009 he was approved to act as a Sergeant.



However, according to Hamilton, he received a letter dated September 8, 2009 stating that he was no longer suitable to continue to perform duties at the Criminal Investigation Bureau because of his poor handling of the investigation into the Goulbourne case.



He was then demoted to general duties.



Hamilton said the decision to re-assign him had caused him embarrassment, financial loss and affected his prospects for further promotion in the force.



He also said he was not given an opportunity to answer the charges laid against him before the Force Orders were published.



Hamilton’s claim seeking a judicial review was thrown out by the Supreme Court because no affidavit had been filed with his claim form initiating the legal action.



He was ordered to re-file the affidavit and serve it as well as the claim form on the lawyers for the Commissioner of Police, who is the respondent in the claim.



The Court of Appeal later gave him the go ahead to take the matter to the Judicial Review Court.



This morning, Justice Georgianna Fraser heard the matter and granted an order quashing the commissioner’s decision to demote him.



She says he is to be reinstated to his position of Detective Corporal until, if and when, the Police Commissioner decides to give him a hearing.



Hamilton was represented in the matter by attorney-at-law Denise Senior-Smith.



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