Barbara Gayle, Justice Coordinator
The Supreme Court has struck out the application by the Special Constabulary Force Association (SCFA) which was seeking to challenge the merger of the Island Special Constabulary Force (ISCF) and the Jamaica Constabulary Force (JCF).
The decision was made a short while ago by Justice Bertram Morrison.
This now means that the Government can go ahead with the merger.
The claim was struck out following an application made by Government lawyer Carlene Larmond that before the SCFA received the order on April 11 for leave to go to the Judicial Review Court from the court it had filed a Fixed Date Claim Form in the Supreme Court.
Larmond argued that the SCFA must get an order from the court before the claim form can be filed.
She further said, based on that error there was no proceeding before the court.
Larmond argued that the court rules are very clear that before the Fixed Date Claim Form is filed permission must be granted from a judge for leave to go to the Judicial Review Court.
She also argued that 14 days have passed since the court granted the order on April 11, so the SCFA could not now go ahead and file the claim form.
On March 4, the Government reported that the Cabinet had approved a merger of the JCF and the ISCF this year.
The merging of the two forces was recommended by the Wolfe Report of 1991 and five separate reports and studies since.
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