Barbara Gayle, Staff Reporter

A policeman, who was demoted one week after he was promoted failed yesterday in the Supreme Court to get orders to compel the commissioner of police to restore him to the rank of sergeant.

Detective Corporal Ira Raphington was promoted to the rank of sergeant on December 15, 2005. One week after his promotion he was informed that his promotion was cancelled.

The commissioner reverted him because of information he received that there were continuing investigations into an allegation of corruption that was made against Raphington in August 2005.

The policeman took the matter to the Judicial Review Court seeking orders to quash the commissioner's decision to cancel his promotion and to compel him to restore him to the rank of sergeant.

Disciplinary action

Raphington, who was represented by attorney-at-law Vincent Wellesley, claimed that the reversion in rank amounted to disciplinary action and he was therefore entitled to a hearing before the commissioner could make the decision.

Government lawyers, Tasha Manley and Danielle Archer, who represented the commissioner and the Attorney-General, argued that the decision to reverse Raphington's promotion was an administrative decision which did not amount to disciplinary proceedings within the meaning of the police service regulations. They argued that the commissioner was entitled to reverse the promotion without consultation with Raphington.

They submitted further that the promotion was subject to a probationary period of six months during which time the commissioner could take the decision not to confirm the appointment.

Justice Patrick Brooks, in dismissing the motion, upheld the legal arguments by the Government lawyers.

barbara.gayle@gleanerjm.com