Segree (Nyoka) v Police Service Commission

• Jurisdiction: Jamaica
• Judge: DOWNER, J.A. , CLARKE. J.A. (Ag):
• Judgment Date: 11 March 2005
• Neutral Citation: JM 2005 CA 8
• Judgment citation (vLex): [2005] 3 JJC 1104
• Court: Court of Appeal (Jamaica)
• Date: 11 March 2005

IN THE COURT OF APPEAL

BEFORE:

THE HON. MR. JUSTICE DOWNER, J.A THE HON. MR. JUSTICE PANTON, J.A THE HON. MR. JUSTICE CLARKE, J.A. ((Ag.)

BETWEEN:

NYOKA SEGREE

APPELLANT

AND:

POLICE SERVICE COMMISSION

RESPONDENT

Maurice Tenn and Leslie Harper instructed by Williams McKoy and Palmer for the Appellant

John Francis Crown Counsel instructed by Director of State Proceedings for the Respondent

EMPLOYMENT LAW - Retirement of officer

JUDICIAL REVIEW - Officer - Retirement of

DOWNER, J.A.

1 Inspector Nyoka Segree sought Judicial Review before the Full Court (Ellis, James and Beckford JJ) to quash the decision of the Police Service Commission to retire her from the Jamaica Constabulary Force in the public interest. That decision was affirmed by the Governor-General in Privy Council. The gist of her complaint was that she was not afforded a fair hearing pursuant to Regulation 26 of the Police Service Regulations 1961 which is preserved by section 2 of the Jamaica (Constitution) Order in Council 1962.

2 Ellis J., the Senior Puisne Judge, delivered the judgment in the Supreme Court. At page 48 of the Record the following passage forms the ratio of the Court's decision:

"The Respondent contends that a hearing and a fair hearing was afforded to the Applicant. Mr Francis contends that the Applicant was given the nature of the allegation and an opportunity was given to her to make written representations in light of the allegation. But Mr. Harper says that is not enough to constitute a hearing. He says the circumstances which culminated in the deprivation of the Applicant's public office demanded an oral hearing. He placed reliance on the following cases:

• • Ridge v Baldwin [1963] 2 All ER

• • Tenant's Case (1977) 15 J.L.R.

• • Ex Parte Pickering (Unreported) M25 & M34 of 1994

I am not convinced Mr. Harper's contention is sound. The cases on which he relied do not avail him. I say so because a hearing need not be oral. A hearing may be on written representations as it was in this case, and in accordance with Regulation 26 of the Police Service Regulations. The case of King v Housing Appeal Tribunal [1920] 3 K.B. 333 and particularly at page 334 is authority. Also, the case of R v Clough (1988) 25 J.L.R. in which Downer, J.A. cited with approval the dictum that a hearing need not be oral (pg. 304). It is to be noted that in the cases cited by the Applicant there was absolutely no hearing, oral or otherwise."

3 The initial report against Inspector Segree dated April 19, 1999 was to the Asst. Commissioner of police in charge of Area 3 from the Superintendent of Police for Clarendon. In the report it was stated that Marva Robinson, a school teacher, was arrested and charged for possession of cocaine, dealing with cocaine and taking preparatory steps to export cocaine.

4 The Report then continued thus at page 45 of the Record:

"6. Arising from this, there is unconfirmed report and circumstances which seek to link Woman Inspector Segree as the owner and Miss Robinson, a courier.

7. Among the reports are that recently Woman Inspector Segree left the island without permission with the accused and Inspr. Segree took the cocaine through the Norman Manley Airport gave it to Robinson who placed it in her body cavity and took it through an unidentified U.S. Port; further, that W/Inspr. Segree, having heard that Robinson was arrested, took from her house what is believed to be cocaine and hid it in a neighbour's yard soon after.

8. There are other incidents which, though worth mentioning would be better held in abeyance pending further investigation.

9. Woman Inspector Segree's service in the Jamaica Constabulary Force is nineteen years and eight months, having enlisted on the 27.8.89

10. Knowledge of the incident is widespread throughout the Division and she has lost the respect of citizens and police personnel. She, herself has realized this and has indicated her concern.

11. W/Inspr. Segree has outlived her effectiveness in this Division and is no longer able to command the respect of her juniors.

12. I recommend that she be immediately transferred from the parish and that the Office of Professional Responsibilities assume investigation of this aspect."

5 There was further investigation and one crucial aspect appears in the Record. It is the response of the Commissioner of Police to the Chief Personnel Officer concerning the points raised by the Attorneys for Inspector Segree. It reads as follows at page 43:

"2. Involvement in Drug Trafficking

We regard Ms Robinson as a witness of truth because the dates on which she asserted that Woman Inspector Segree and herself travelled to the United States of America have been confirmed.

Also, Ms. Robinson asserted that Woman Inspector Segree encashed a cheque for three thousand dollars (US3,000.00) at Larry's variety Store in May Pen which represented the returns from illegal drugs which they both took to the United States of America. Mr Larry Chin, proprietor of Larry's Variety Store, confirmed that he encashed a cheque for three thousand dollars (US3,000.00) on 22/3/99 but he has declined to say who presented the cheque for encashment."

6 There are two other paragraphs which are worthy of attention. They read on the same page:

"Loss of respect by citizens and police

3. The allegation of Woman Inspector Segree's involvement in drug trafficking became widespread in Clarendon as a result of which she lost the respect of citizens and police personnel in the Division. It is reported that Woman Inspector Segree herself expressed concern about the turn of events. Please see paragraph 10 of confidential report of the Superintendent of Police - Clarendon dated 19/4/99. It was a result of this development why Woman Inspector Segree was transferred on 10/5/99.

Low morale among police personnel

4. Although Woman Inspector Segree was never the Divisional Commander of Clarendon, she is a senior supervisor and other police personnel, especially her juniors, looked to her for leadership and guidance but what was being said about her involvement in drug trafficking had a negative impact on other members of the Division, leading to low morale."

7 The Commissioner also found that Inspector Segree's departure from Jamaica without permission was contrary to the Rules governing the Constabulary Force.

8 It was against this background that proceedings were instituted against Inspector Segree. The formal charge was as follows at page 9 of the Record:

"TO: Nyoka Y. Segree

Woman Inspector of Police

C/o Office of the Commissioner of Police

101-105 Old Hope Road

Kingston 6

TAKE NOTICE THAT PURSUANT TO REGULATION 26(1), and acting on the report of the Commissioner of Police, it has been decided by the Police Service Commission that you be required to retire from the Jamaica Constabulary Force in the public interest.

AND FURTHER TAKE NOTICE that the grounds on which the Police Service Commission intends to rely are as follows:

"Your departure from the Island to the United States without prior permission with an individual who was subsequently arrested on drug charges and who implicated you in the trafficking of cocaine to the United States, coupled with your failure to give the kind of leadership required of an officer of your seniority and experience. Your inability to command the confidence and respect of other police officers and the public and the low morale among Police Officers in your Division, having regard to all the circumstances, confidence in your ability to discharge your functions as a Police Officer has been lost, that your further usefulness to the Force has been considerably impaired and that you should be retired from the Constabulary Force in the Public Interest under Regulation 26 of the Police Service Regulations 1961.

FURTHER TAKE NOTICE that you have fourteen (14) days in which to reply to this NOTICE setting out the grounds (if you so wish) on which you intend to rely to exculpate yourself.

DATED 17 ^th DAY OF APRIL, 2000."

9 The basis of the charges formulated by the Police Service Commission (The "Commission") was contained in a letter dated December 20, 1999, from the Commissioner of Police. It reads in part as follows at pages 32-33 of the Record:

"Inspector Segree is alleged to be involved in drug trafficking of Cocaine to the United States of America. The revelation of Woman Inspector Segree's involvement came to light on April 16, 1999, when her friend Miss Marcia Robinson, a Teacher of Bushy Park, Clarendon, was arrested for:

• 1) Possession of cocaine

• 2) Pealing in Cocaine, and

• 3) Taking steps to export Cocaine

Miss Robinson after her arrest gave a statement implicating Woman Inspector Segree.

Subsequent investigation revealed that this Sub-Officer departed the Island to the United States on two (2) occasions without prior approval or permission, one on March 5, 1999 and the other on March 22, 1999.

A copy of the passenger manifest dated March 5, 1999, from the Norman Manley International Airport revealed that Woman Inspector Segree and Miss Robinson actually shared adjoining seats on leaving Jamaica destined for Miami as related by Miss Robinson.

Woman Inspector Segree in a statement has admitted that she travelled with Miss Robinson to the United States on two (2) occasions, but denied carrying any drugs.

Whilst there is not sufficient evidence to charge Woman Inspector Segree criminally, there is enough circumstantial and documentary evidence to support Miss Robinson's statement that Inspector Segree took drugs to the United States of America on two (2) occasions.

Woman Inspector Segree was born on September 25, 1955, and has therefore attained the age of forty four (44) years.

She enlisted in the Force on August 28, 1979.

This Sub-Officer by her conduct and alleged...