body,td,th { font-family: Arial; font-style: normal; font-weight: normal; } Last night we told you about the High Court decision challenging Deputy Commissioner Richard Rosado's promotion.
Justice Chabot heard the case where Jones applied for judicial review of the decision of the Security Services Commission to promote Rosado on the 1st July 2021.
The argument his attorney makes is that no Deputy post was vacant at that time Rosado was promoted.
He explained it to us via xoom today:
William Lindo, Attorney
"As it relates to retroactive promotions, there are different schools of thought on the matter. We are of the view that if there is no vacancy you can'tget the promotion and in terms of retroductive. How can I promote your but backdate your promotio, right? And the effect of this decision here is that the security services commission promoted doctor osado in March of 2023 but backdated his promotion to July of 2021. We say that the date of promotion of doctor Rosado is irregular, not his entire promotion but just the date of promotion, because there is some tension and I say tension using that term loosely in what that date of promotion should be. You have the CEO of the Ministry of Home Affairs recommending July of 2021 and you have the commissioner of police recommending a date I believe in 2022. So out position is the security services commission did not resolve that matter right. You have recommendations from 2 offices recommending separate dates. Why would you prefer one over the other?"
Jules Vasquez:
"I am reading from the judgment there so now it says that I find that Mr. Jones has demonstrated he has arguably grown for judicial review with a realistic prospect of success. Break this down in layman terms what this would mean for the entire structure of the senior command if you all are to be successful in the judicial review."
William Lindo, Attorney
"In the event the court later finds after a full hearing on the matter that the promotion was irregular it was done ultra vires to the regulations and the Police internal procedure and policies manual. What it would mean is that the date of promotion for doctor Rosado would change from July of 2021."
Jules Vasquez:
"Where does this leave things as it stands right now? there's so much talk of succession and who is next in line to succeed the commissioner of police."
William Lindo, Attorney
"Well as it's stands right now this very minute thestatus quoe remains right and that status quoe is Doctor Rosado being Senior by his recent promotion this year. His new seniority over Mr. Jones. Right that's the status quoe that remains and that is what we are trying to remedy and fix."
Jules Vasquez:
"So what happens now with this case since you'll have been given leave to apply for judicial review in terms of time frame and because we know that you know it's a live matter."
William Lindo, Attorney
"It's a live matter and what we will do we will file our fix date claim for judicial review. The court has granted us 14 days starting from yesterday. We file that when we get to court we will ask the court please let us proceed with this as quickly as possible"
