R v Commissioner of Police Peter Dawson

• Jurisdiction: Jamaica
• Court: Supreme Court (Jamaica)
• Judge: Cooke, J.
• Judgment Date: 11 February 2000
• Judgment citation (vLex): [2000] 2 JJC 1101
• Date: 11 February 2000
• Docket Number: SUIT NO. M111 OF 1999

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

IN MISCELLANEOUS

IN THE JUDICIAL REVIEW COURT

SUIT NO. M111 OF 1999

REGINA

V.

THE COMMISSIONER OF POLICE PETER DAWSON

JUDICIAL REVIEW - Police Officer - Termination of employment - Whether termination of services unlawful without opportunity to be heard

Cooke, J

1 The applicant, Peter Dawson, enlisted in the Island Special Constabulary Force in August, 1990. By letter dated 8th of October, 1998 he was informed that his services had been determined. The reasons for the determination were:

• (a) On January 5, 1995 you conducted yourself in an improper manner and or indulged in improper behaviour resulting in you being placed before the Court;

• (b) The excessive use of deadly force at a dance at the House of Leo, .3 Cargill Avenue, Kingston, on January 5, 1995;

• (c) On divers days between January 15 and 21, 1996, you represented yourself to a member of the public that you were a certain member of the Jamaica Constabulary Force with intent to deceive such member of the public for undeserved financial profit or gain and or to reflect discredit on the member of the Jamaica Constabulary Force and or discredit on the Island Special Constabulary Force;

• (d) On divers days between January 15 and 21, 1996 you, represented yourself to a member of the public that you were an importer of motor cars, such representation being done with intent to deceive thereby obtaining for yourself undeserved financial profit or gain.

2 In this same letter he was told as follows:-

"Notwistanding the foregoing you may if you so desire, either ask in writing to appear before the Commissioner of Police either alone or accompanied by a representative to show why your services should not be determined, or make a submission in writing setting out the reasons why your services should not be determined.

If you decide to appear before the Commissioner of Police or make a submission, submit same to your Commanding Officer within fourteen (14) days of receipt of this Notice".

3 On the 11th May, 1999 the applicant along with his attorney-at-law Mr. Arthur Kitchin attended on the Commissioner of Police (the Commissioner). In the Commissioner's view no cause was shown why the applicant's services should not be determined, and so it was.

4 It is now submitted by the applicant that the determination of his services was unlawful for that decision was taken without his having an opportunity to be heard. Reliance was placed on Regina v. Commissioner of Police exparte Tennant. [1977] 15JLR.79 The respondent concedes that while the initial decision to determine the applicant's...