Superintendent axed from the force gets day in court

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A superintendent of police who was dismissed by the Commissioner of Police was temporarily reinstated pending the outcome of a judicial review.

The Supreme Court has granted a stay in the decision to retire Assistant Superintendent of Police Udine Downy in the public interest because of allegations of misconduct.

The order remains in effect until Downy’s case has been decided by the Judicial Review Court.

Bert Samuels

Justice Courtney Daye granted the order on February 28 after hearing legal arguments from attorneys-at-law Bert Samuels, Bianca Samuels and Daynia Allen.

On February 22, Downy received a letter that that she is to be retired in the public interest effective March 2 because of allegations of misconduct.

Downy is also an attorney-at-law and she is seeking to have the decision quashed.

Downy’s lawyers argued in Chambers that she was unable to respond to the allegations because they were vague, unspecified and undated.

The lawyers referred to the Court of Appeal case of policeman Donovan O’Connor in which the court had ruled that it was wrong for the Police Services Commission to rely on unspecified allegations.

Justice Courtney Daye heard the application and granted a stay of the decision to retire her. She was also granted leave to take the matter to the Judicial Review Court.

The first hearing is set for May 9.

The respondents are the Police Services Commission, the Commissioner of Police, the Governor General and the Attorney General.

Lead attorney in the matter Bert Samuels told Jamaica News Hub that the police commissioner gave about 50 reasons why Supt. Downy was being retired. “None of them could be substantiated so the judge decided to reinstate her until the matter can be heard,” he said.

Based on research by Jamaica News Hub, in 2014 Supt. Downy was sued by a woodworker, Dennis Davis, who was trying to collect monies owed on work he had done on the Superintendent’s house.

An award of $700,000 was ordered in December 2014. However, the sum was not collected.

Attorney who represented Davis, Zavia Mayne, told Jamaica News Hub has confirmed that a successful law suit was brought against her. When asked if the sum ordered by the court was paid he said the matter is still in effect.

CAPTION: Above: – Assistant Superintendent Udine Downy

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