Terrance Amedee Applicant v The Disciplinary Committee of the Royal Saint Lucia Police Force The Commissioner of Police Respondents [ECSC]

• Jurisdiction: St Lucia
• Judge: d'Auvergne, J.
• Judgment Date: 10 October 1994
• Judgment citation (vLex): [1994] ECSC J1010-2
• Court: High Court (Saint Lucia)
• Docket Number: Suit No.600 of 1993
• Date: 10 October 1994

[1994] ECSC J1010-2

IN THE HIGH COURT OF JUSTICE

(CIVIL)

d'Auvergne, J.

Suit No.600 of 1993

Terrance Amedee

Applicant

and

The Disciplinary Committee of the Royal Saint Lucia Police Force

The Commissioner of Police

Respondents

1 On December 8, 1993 Terrance Amedee applied to the High Court for leave to apply for an order of certiorari for the purpose of quashing a decision made by the Disciplinary Committee of the Royal Saint Lucia Police Force on July 27, 1993 and by the Commissioner of Police, of the Royal Saint Lucia Police Force that the applicant be dismissed from the said Royal Saint Lucia Police Force. The order was granted as prayed and after many adjournments the matter eventually came to trial on May 25, 1994.

FACTS:

2 The facts as can be gleaned from the affidavits in answer and the various exhibits tendered are as follows:

On Sunday, July 18, 1993, BWIA, British West Indian Airways, flight BW 900 arrived at Hewanorra International Airport from Trinidad and Tobago. On board were passengers from Guyana.

Customs Guard Francis Xavier Charles deponed that knowing that there were Guyanese on board, decided to keep the disembarking passengers under surveillance.

3 He said that he noticed amongst the passengers one Tryonne George, a Guyanese gold dealer; that he saw Tryonne George take out from one of the two bags on his shoulders a newspaper and a small parcel which he held in his hands along with his passport and that he followed the queue leading to the desk of Immigration Officer Amedee.

4 This Customs Guard stated that he then reported his observations to Assistant Comptroller of Customs for the south, Mr Willibald W Charles who was the supervisor on duty at Hewanorra International Airport on that said Sunday night, July 18, 1993.

5 This Supervisor of customs Mr Charles who incidentally has the same surname as the junior customs guard stated that he looked across at the man on the queue who was identified to him and who he laterfound out was Tyronne George and he appeared "to be very agitated". He Stated that he distinctly saw Tryonne George hand over his passport to the Immigration Officer Amedee, PC 134 then he saw him bend a newspaper he was also holding in his hands forward and that something brown fell unto the counter which Officer Amedee was then using. Having seen that he Started to walk around the various counters in the Immigration area, paying particular attention to the counter occupied by Officer Amedee. He stated that he saw "a parcel taped in brown on the counter. PC 134 made an attempt to conceal the parcel by pushing it in a corner and under the immigration forms."

6 Supervisor Charles narrated his observations to Officer Desir who was the senior Police Officer in-charge of Immigration after asking the Customs Guard Charles to ask Tyronne George to wait.

7 Officer Desir and Supervisor of Customs Charles went into the Immigration Office where Officer Amedee was talking to a female Guyanese passenger. The said passenger was asked to remain outside the office and Desir and Charles confronted Amedee. Charles said that at that time he noticed a bulge in one of Amedee's front pockets; that he asked Amedee to produce the brown parcel that the passenger dropped on his desk whereupon Amedee pushed his hands in his pocket and produced a green wash rag. Charles said he was shocked but then said to Amedee,

"I am asking you for the last time, I saw a passenger drop a brown parcel on your desk, I saw when I came around your desk, that you tried to conceal the parcel by pushing it into a corner of the desk and trying to place immigration forms on it. I would like you to hand over that parcel to me."

8 He further stated that Amedee hesitated but eventually he took out from the top draw of the desk a brown parcel which he handed to Charles and said

"Mr Charles I do not know the guy, he is not my friend, this guy just dropped this on my counter. I said that this guy is up to something. I thought that it was drugs and that was the reason that I brought it inside to have it examined and then call the customs."

9 At that juncture Charles stated that he pointed out to Amedee the seriousness of the situation. He said that he then left the Immigration Office and went to interrogate the passenger Tyronne George in the presence of Customs Officer Gibbling Joseph.

10 A summary of the relevant facts obtained from the interrogation process were as follows:

Tyronne George admitted ownership of the parcel obtained from Officer Amedee; that he (Tyronne George) was trying to avoid customs duties and that he had behaved in a similar manner on three previous occasions but that it was not Officer Amedee who had assisted him on those occasions. The parcel wasopened and the contents checked in the presence of Tyronne George but in the absence of Officer Amedee.

11 In a statement dated July 20, 1993 recorded by Acting Inspector Peter Eudoxie the said Tyronne George admitted that he became acquainted to Officer Amedee on or about the end of October 1989 and that while on the queue leading to Officer Amedee's counter on the night in question, July 18, 1993 another Immigration Officer beckoned to him to come to that Officer's queue but he did not change over to that Officer's queue. He remained where he was.

12 Inspector Eudoxie investigated the matter and on 20th July, 1993 Officer Amedee was charged for discreditable conduct contrary to Section 3 (a) of the Police Regulations Statutory Rules and Orders 22 of 1965 and on July 22, 1993 ASP Preveille heard and determined the charge.

13 At the hearing Amedee was represented by his friend No.211 Samuel who cross examined every witness, Amedee also cross examined some of the witnesses.

14 Many statements including Amedee's statement to the Investigating Officer Eudoxie were tendered as exhibits. Amedee was then cautioned and told to make his defence. After consultation with Constable 211 Samuel who was then representing him he elected to remain silent and then a no case submission was made by the saidOfficer Samuel on his behalf and the grounds were as follows:

• 1) The defaulter was not given sufficient time to seek legal counsel in the matter and to prepare a defence.

• 2) Statements and reports obtained as prescribed under Section 12 (a) of the Police Regulation also 12 (b) ( 3) and (4).

• 3) The rights of the defaulter were violated in that the DCP spoke to the defaulter about the complaint made against him and the Investigating Officer had not yet spoken to the defaulter.

• 4) That the parcel collected from the defaulter was not opened in his presence at any time.

• 5) That the evidence adduced before me do not constitute to the charge.

• 6) That the defaulter was not cautioned by anybody when the complaint was made.

• 7) That it is not proper for an ASP to preside over a matter in which a Superintendent is the investigator.

15 All the grounds of the submission were overruled and Officer Amedee took the stand and gave evidence on oath. This Officer gave a detailed statement of his performance as Immigration Officer on Sunday, July 18, 1993. He said among other things that after attending to a female Guyanese passenger who had a problem with her passport he attended to one Tyronne George who had a Saint Luciapassport. He said that George had a newspaper holding in his hands and that he (Amedee) asked him if it was 'Punch' and George replied in the negative; that he had a careful look at George's passport and then stamped it and that George before leaving said to him "Officer you can have the paper" and was about to leave the newspaper on his desk but he told him that he did not want it. George took the paper from the desk and walked away. After George's departure and while dealing with another female passenger he noticed a small brown parcel on his counter. He inquired of that passenger whether the parcel was hers and she said 'no'.

16 Amedee further said that the finalizing of the other passenger's passport necessitated his going into the Immigration Office to clarify a few details, (eg contacting a few persons by telephone) and that it was while on the telephone that Constable Desir and Customs Officer Willilbald Charles came up to him and demanded the small parcel he said he had seen him receive from a passenger and which he had in his pocket so he (Amedee) pulled out a green rag from his pocket and rested it on top of the desk. Charles then scrutinized the rag and said"you received a brown parcel, I want it."

17 Amedee said that he then placed the brown parcel on the desk and that Charles took the parcel and left the office. He emphasized that he had no knowledge of the contents of the parcel.

18 Under cross examination he denied knowing Tyronne George though he admitted to hearing Tyronne George saying that he knew him. He also denied that he saw when Tyronne George left the parcel on his desk.

19 He said that while it was true that he had attended to Tyronne George in the past at the airport as a passenger he was not aware that he sold jewellery and that he did not know the contents of the parcel, neither was he assisting Tyronne George to evade taxes.

20 Amedee was found guilty of discreditable conduct and his dismissal from the Force was recommended. That decision (arrived at the hearing) was communicated to him by the presiding officer. Amedee appealed against the findings and recommendation of his dismissal. The entire missive is reproduced:

RE: APPEAL TO CHIEF OF POLICE UNDER SECTION 28 (1) OF THE POLICE ORDINANCE NO.30 OF 1965

• 1) That by virtue of evidence tendered by the Prosection, the Deputed Officer made a mistake by concluding guilty even when the facts in its totality does not prove any guilt. One witness, Tyronne George who was accused of handing over a parcel to the defaulter said that he forgot the parcel. The defaulter also stated that...