The Supreme Court will this afternoon begin hearing the application filed last week on behalf of chairman of the Police Federation Corporal Rohan James challenging the decision of Police Commissioner Major General Antony Anderson to interdict him.
The hearing will be held in Chambers.
Bert Samuels, one of the attorneys representing the Federation chairman, is asserting that the Jamaica Constabulary Force is punishing his client ahead of an internal hearing to determine his innocence or guilt.
Based on Police Service Regulations, Corporal James is only to receive three-quarters of his salary, hand over all items of government property, and cannot leave the country without permission from the Governor-General.
But Mr. Samuels believes the regulations in this matter go against the principle of natural justice.
"We will look to see whether the court would think that an interdiction is right. Remember now, interdiction operates outside of the normal court setting. He's being punished. He's getting three-quarter pay without the hearing. The fundamental constitutional issue here, should someone be punished before they are heard? That's a huge point."
"Secondly, under the interdiction rules, he must be given 14 days to show cause why he behaved in the way that he has behaved. Now, we have a situation where he has not yet given any cause why he has done it, and they have not awaited him giving a reason why he's spoken the way he did before he's been punished. So it's as though someone has been punished before they're found guilty," the attorney pointed out.
He was speaking today on the Morning Agenda on Power 106 FM.
Corporal James has been served with multiple charges and is slated to appear before a Court of Enquiry.
