Nicholas Tranquille challenging CoP in High Court again
According to the application seen by this news site, Tranquille is seeking to contest the Respondent/CoP who allegedly refused to exercise his power under Force Standing Order M 7 (4) to waive the requirement that the Applicant pass the examination for promotion to the rank of Sergeant thereby making him eligible for promotion.
Justice Nicole Byer on November 11, 2014 ruled in favour of Police Officer (PO) Mr Nicholas Tranquille who had taken the Commissioner of Police (CoP) Mr David Morris to court for reversal of rank.
The ruling of the judge is that Tranquille be granted a waiver of the promotional examination and the other processes that would be required for officer Tranquille to go through. The CoP was also ordered to pay Tranquille the sum of $2,000 and, according to this news site’s informed sources, this had not been paid to Tranquille up to press time.
Back to the High Court
According to the filed application, Tranquille intends to establish, through the representation of his attorney at Law Mr Ruggles Ferguson of Grenada, that the Commissioner of Police misdirected himself and erred in law when in considering the issue of exercise of his discretion under the Force Standing Order 7 (A), he addressed his mind to the issue of whether the Applicant merits promotion rather than whether it was fair that the Applicant’s name be sent forward to the Police Selection Board and/or Police Service Commission to determine whether he merits promotion.
Tranquille also seeks to establish that the Commissioner of Police failed to take into account relevant matters and took into account irrelevant matters in arriving at his decision not to exercise his power under Force Standing Order M 7 (4) and also under the said force standing, a declaration that the decision of the Commissioner of Police not to exercise his power to waive the requirement that Tranquille sit and pass the examination for promotion to the rank of sergeant was in all the circumstances unreasonable and irrational.
Grounds for Application
Tranquille’s grounds for the filed application are that in a letter dated October 11, 2013 he had applied to the CoP for him to exercise his power and waive the requirement that Tranquille sits and passes the examination for the promotion to the rank of Sergeant.
“The respondent refused to exercise his power on the ground that the Force Promotion Policy, which requires that an applicant for promotion takes and passes the written exam, supersedes his power under Force Standing Order M 7 (4),” states the filed application.
By a letter dated November 20, 2014 the Commissioner of Police had informed Tranquille that he had considered his request as directed by the court and that he had decided not to exercise his power under standing orders M 7 (4).
Further, in a letter dated December 3, 2014 the Commissioner of Police reduced into writing his reason for deciding against exercising his power as requested. “The respondent misdirected himself in considering the issue of exercise of his discretion under Force Standing Order 7 (4) in that he addressed his mind to the issue of whether the Applicant merits promotion rather than whether, it was fair that the Applicant’s name be sent forward to the Police Selection Board to determine whether he merits promotion, pursuant to the promotions policy then in force,” states Tranquille in the application.
Efforts to reach Mr Morris for a comment were not successful as of post time.
The matter is likely to be called in the High Court tomorrow, Monday May 4, 2015.
17 Responses to “Nicholas Tranquille challenging CoP in High Court again”
When he going he needs to take Tranquille with him. So sick of Police continually undermining their own self.