Court rules against CoP’s decision to sack SRP

Justice Mark Mohammed ruled Friday that the decision of Commissioner of Police Hilton Guy to fire Theresa Joseph, a female Special Reserve Police (SRP) officer,  was “irrational.”  The judge also quashed the decision of the Commissioner to do so. Justice Mohammed further ordered that Joseph’s application to become a police constable in the regular police service be remitted to the Commissioner for consideration. Joseph, an SRP since 1986, had received a letter from the Commissioner in 2000 offering her the opportunity to be absorbed into the regular police service. She immediately indicated in writing her acceptance of the offer. The offer was made following a Cabinet decision on July 12, 2000,  to absorb the SRPs into the regular police service. However, one of the requirements was that the SRPs pass a medical examination. At the time this requirement came into effect, Joseph was on sick leave, having been injured in a motor vehicular accident while on armed duty escorting prisoners.

Her injuries required medical attention locally as well as in Canada, which she sought, following permission from the Commissioner.  She resumed duties on September 10, 2001 and tendered a medical certificate of fitness issued by the police doctor. Although she continued working, she heard nothing about her absorption except that she was assigned regimental number 15424.  After exhausting all efforts to find out more about her absorption, Joseph sought help from her attorney Rajmanlal Joseph, who wrote the Commissioner on the issue in November 2001. The Commissioner responded by letter, stating that according to Cabinet minute 1279/2000 there would be no further absorption of the SRPs. Joseph was also instructed to proceed on all vacation leave from November 27, 2001, at the expiration of which, she would no longer be eligible for further employment in the SRP.  It was then Joseph took the Commissioner to court.