Cop gets green light to challenge demotion in Jhaneel Goulbourne case
The Appeal Court has given police corporal Chester Hamilton, the go-ahead to challenge his demotion over his alleged handling of the Jhaneel Goulbourne murder case.
This means that Hamilton can now take the matter to the Judicial Review Court.
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.
Attorney-at-Law Denise Senior-Smith, who represented the policeman, argued that the judge erred in dismissing the matter because the affidavit was not filed with a claim form.
The Court of Appeal agreed ruling that it was empowered to put matters right by extending the time to file the required affidavit.
Hamilton 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.
In court documents, Hamilton said in 2009 he was approved to act as a Sergeant.
He further said 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.
Hamilton 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.
Jhaneel Goulbourne is the 14-year-old schoolgirl who was kidnapped from her gate in Harbour View and killed by police constable Rushon Hamilton.