Police Federation chairman begins contempt of court proceedings in continued bid to be reinstated

Chairman of the Jamaica Police Federation Corporal Rohan James filed an application today in the Supreme Court seeking to have Assistant Commissioner of Police Andrew Lewis committed to prison for failing to comply with a court order.

James has stated in his affidavit that Lewis has failed to comply with a November 17 Supreme Court order that he be immediately reinstated to his job with full pay.

Justice Tara Carr had made the order for reinstatement when she granted James leave to go to the Judicial Review Court to seek to quash the decision of the Police High Command that he be interdicted with reduced pay for comments he made at the funeral of a colleague.

“The rule of law says no one is above the law and in this case court orders must be respected,” says attorney-at-law Hugh Wildman, who is representing James.

Lewis, who is being represented by King's Counsel Peter Champagnie, has filed an appeal against last month's order.

James stated in his application for contempt of court that Champagnie had said in radio comments that “there is non-compliance with the formal order because there is a pending appeal of the decision of the learned judge.”

In the court document, James states that there is no appeal of the judge's decision. 

“Even if there was an appeal, an appeal does not operate as a stay, therefore, there is no legal basis for failure to comply with the order of the learned judge, that the applicant be immediately reinstated with full pay,” James outlined in his application.

James states that the failure to comply with the court order is a wanton disregard for the court order, which amounts to a contempt of court, with the only remedy being imprisonment.

Champagnie told The Gleaner on Tuesday that the application for leave to appeal the Supreme Court order is set for January 21. He said his office was served with the papers for the contempt of court proceedings and he will deal with the issue in due course.

James was interdicted in July for comments he made at the funeral of a colleague. He had criticised the Police High Command for not paying cops their overtime money.

-Barbara Gayle

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