Acting Commissioner of Police Stephen Williams could find himself facing contempt of court charge after failing to obey an order to promote 32 sergeants to the rank of inspector. He has until noon today to state what steps he has taken to promote the officers as ordered by Justice Margaret Mohammed on September 28, in a lawsuit brought against him by the second division officers.
The ultimatum was delivered in a letter by instructing attorney for the officers, Alvin Ramroop, and was copied to the Attorney General’s office, the Police Complaints Authority and the deputy Solicitor General. It stated that Williams had failed to obey the order Mohammed in the San Fernando High Court last month to promote the officers retroactively from December 19, 2012.
On October 8, the State, who represented Williams in the matter, filed an appeal challenging Mohammed’s decision. However, Senior Counsel Ramesh Lawrence Maharaj, lead attorney for the police sergeants, said the officers have not been served with an application for a stay of execution of the court order. He said it meant that Williams was still obligated to promote the officers.
“What the claimants are saying is that he did not take any steps to promote them and I advised them that his continued failure to comply with order of Justice Margaret Mohammed constituted a contempt of court. The letter referred to a certain legal authority showing that if a Commissioner of Police as a public officer, disobeys an order of the High Court, nothing prevents the court from taking steps to either imprison or fine a commissioner for contempt of court.
“The letter stated that the claimants want a response by Monday at noon for him to state to the claimants’ lawyers, what steps he has taken so far since he was served with the order on the October 6, 2015 to obey the order of the High Court. Also, to consider and if necessary, promote the claimants to the rank of inspectors of police in the Police Service with effect from December 19, 2012.
“He will need to provide evidence to the claimants’ lawyers that he has taken those steps and to propose a date that he intends to complete his consideration for their promotion. If they do not get a satisfactory response by Monday at noon, they intend to take action to file a motion for contempt against the Commissioner of Police,” Maharaj said.
The judgment also ordered Williams to pay all arrears of salaries, benefits and allowances owed to the officers retroactive from December 19, 2012 consequent upon their promotion to the rank of inspectors.