Case details

Long (Appellant) v Police Service Commission (Respondent) (Trinidad and Tobago)

Case ID: JCPC 2015/0093

Jurisdiction: The Court of Appeal of the Republic of Trinidad and Tobago

Case summary

Issue(s)

Whether the Respondent’s decision to retire the Appellant in the public interest was (a) made in breach of s129(4) of the Constitution of Trinidad and Tobago, (b) a denial of natural justice, (c) made without permitting an extension of time to file further representations in breach of the Appellant’s right to a fair hearing, and/or (d) irrational and/or unreasonable.

Facts

The Appellant, Levelle Long, was an officer in the Trinidad and Tobago Police Service. Following his arrest and charging with kidnapping, he was suspended on half his salary with effect from 20 March 2006. The criminal charge against the Appellant was dropped on 1 November 2006. Following disciplinary action, the Respondent, the Police Service Commission, informed the Appellant that it had decided to retire him in the public interest and invite submissions from him as to why this should not occur. The Appellant requested a copy of the Commissioner of Police’s Report ("CoP Report") and an extension of time to make representations and made an application under the Freedom of Information Act. At first instance, Bereaux J held that the Appellant received the CoP Report on 10 July 2007. The Appellant made representations to the Respondent by letter on 17 September 2007. On 28 September 2007, the Respondent wrote to the Appellant to inform him it had decided to retire the Appellant notwithstanding his representations. The Appellant commenced judicial review proceedings to challenge the Respondent’s decision. Bereaux J dismissed the challenge and the Court of Appeal dismissed an appeal by the Appellant. The Appellant now appeals to the Judicial Committee of the Privy Council.

Parties

Appellant(s)

Levelle Long

Respondent(s)

Police Service Commission

Appeal

Justices

Lord Kerr, Lord Sumption, Lord Hodge, Lord Lloyd-Jones, Lady Arden

Hearing start date

01 Nov 2018

Hearing finish date

01 Nov 2018

Watch hearing
1 Nov 2018 Morning session