CCJ throws out appeal by retired top cop

The Trinidad-based Caribbean Court of Justice (CCJ) has dismissed a case brought by former Commissioner of Police Darwin Dottin, challenging his removal from the post four years ago.

After hearing the former top cop’s application last Friday, the CCJ, this country’s highest court of appeal, handed down its decision yesterday, saying the legal appeal filed after Dottin’s official retirement last November was “without practical merit”.

Dottin was also ordered to pay $6,667 in costs to the Police Service Commission.

And with his substantive case still to be heard in the local High Court, the CCJ also chastised the former police chief and his legal team, led by Queen’s Counsel Elliott Mottley in partnership with Queen’s Counsel Leslie Haynes, for seemingly “bypassing the views of the High Court and Court of Appeal”, and attempting to have the CCJ “usurp the role of those courts”.

In fact, they were told in no uncertain terms that they could not “avoid due process under the Barbados judicial system and come directly to this Court”.

It was back in June 2013 that the former police chief was sent on “administrative leave” by the then Governor General Sir Elliott Belgrave, after the Police Service Commission recommended his retirement in the public interest.

Dottin promptly filed for judicial review. He also sought a number of injunctions and orders, pending determination of his initial claim.

One such injunction was to restrain steps from being taken to force him to retire and to appoint a new permanent Commissioner. An order was also sought for the status quo to be maintained so that he could return to work as Commissioner of Police.

High Court judge Margaret Reifer heard the interim matter in July 2013 and handed down her decision in September 2013. She substantially granted the interim relief sought by the Commissioner, though only against the Police Service Commission, but refused to make an order enabling the Commissioner to return to work. Dottin later appealed the refusal.

That appeal was heard in February and March 2016 and the judgment handed down in March 2017.

The Court of Appeal subsequently agreed with Justice Reifer’s decision and dismissed the appeal.

By that time reinstatement was not possible as the Commissioner had retired, having commenced pre-retirement leave in November 2016.

With this being the case, the CCJ yesterday encouraged Dottin’s attorneys to proceed with his substantive case. 

9 Responses to CCJ throws out appeal by retired top cop

  1. Don Keyote July 20, 2017 at 6:10 am

    In fact, they were told in no uncertain terms that they could not “avoid due process under the Barbados judicial system and come directly to this Court”.

    You have got to be kidding me. And the two high priced learned denizens of the law didn’t know that? And Dottin got to pay for their ignorance? Isn’t there a law against impersonating a lawyer?

    Reply
  2. John king July 20, 2017 at 8:09 am

    Yes there a law against impersonating a lawyer. However, these two are qualified attorney’s -at law and so there is no impersonation.

    so you have to withdraw your comment before they suit you

    Reply
  3. Alex Alleyne July 20, 2017 at 10:13 am

    FINALLY THIS EVENING AT 5 0′ clock the TOP BRASS of the RBPF & the AG HOLDING A PRESS CONFERENCE.
    “LONG OVER DUE”, ,,,,,,,,Missing is the PM, I have been calling for these 3 heads to come and address the Country on drugs, guns, crime in BIM.

    Reply
  4. Mack July 20, 2017 at 10:19 am

    Let’s close the books on this one Mr Dottin. You are a true patriot. You serve your country well, As a young man you volunteered for the Regiment, served in (B ) company as a private, Went on to the RBPF Served as a harbour Police and educated yourself and climbed the ranks.

    Your Problem is when you touch the Political rail, that is a no no in Policing, you should have steared clear of the polaticians they are only trouble and you should have known that. Lets put that LLB to work. God bless you and Good luck.

    Reply
  5. Milli Watt July 20, 2017 at 10:54 am

    Police Service Commission recommended retirement in the public interest, Barbados judicial operates like molasses going up hose hill at 1:00 p.m. two years out from retirement……….. and a door slammed in the face by the CCJ. This country is a despicable place for sure.

    Reply
  6. Realist July 20, 2017 at 1:29 pm

    What he seriously requesting to get his job back after retirement age? Be careful taking advice from lips that lack knowledge or even better “commonsense.”

    Reply
  7. Saga Boy July 20, 2017 at 1:47 pm

    Anyone who read the report from the Police Commission would agree that Mr.Dottin should have been in jail all like now. There was clear evidence of wire tapping for political. Purposes. He should be greateful that they allowed him to retire instead of sending him to jail.

    Reply
    • Sherlock Holmes. July 24, 2017 at 7:59 am

      lololol saga

      Reply
  8. Don Keyote July 20, 2017 at 10:07 pm

    @John King
    I’m sorry, John but if they didn’t know that they couldn’t “avoid due process under the Barbados judicial system and come directly to this Court”, then they are definitely impersonating lawyers. Let them sue me.

    Reply

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