Last month, we told you how Police Corporal Eldon Arzu won the first of his 2 lawsuits against his police boss, Commissioner Chester Williams, in the Supreme Court. Well tonight, the second case in his fight with the ComPol over the leadership of the Police Association has concluded. But, unlike the previous case, this decision has small victories for both litigants.
It was argued before Justice Sonya Young, and Arzu and his attorney, Nazira Myles, alleged that the Commissioner failed to follow the rules of the Police Association's election process.
And Arzu further insisted that the Commissioner arbitrarily extended the nomination process, which allowed for Inspector Jane Usher and her team to enter the elections, long after the deadlines set by the Police Association's election rules.
Those elections were eventually held in June, and as viewers will remember, Arzu and his slate were soundly defeated by Inspector Usher and her team.
Well, Justice Sonya Young heard extensive arguments from attorneys for both the ComPol and Corporal Arzu. After careful consideration, the judge returned with a 23-page decision.
In this case, Arzu was alleging that the Commissioner displayed bias against him in this matter, but the judge disagreed.
In her ruling, Justice Young noted, quote, "there is nothing on which this Court could properly make a finding of bias, unreasonableness or substantive unfairness… It is telling that the Claimant believed he had been wronged but took no action to compel the Commissioner to act lawfully until just before the June Elections… Both parties have seen some level of success. Costs will be awarded to the claimant in the sum of $2,500…70% of what would have been ordered on full success." End quote.
She also ruled that that the ComPol's decision to extend the time for nominations and the elections did not invalidate the nominations received before the first week in January 2020. Finally, she ruled that any general elections purportedly held after the first week in January in each year are unlawful, null, and void.
But, while those vindicate Arzu's premise for his lawsuit, the judge dismissed his claim for a declaration that ComPol's decision to push back the election was biased, unreasonable, unfair, and caused him prejudice. She also dismissed his claim for damages and awarded him costs of only $2,500.
