The Supreme Court is hearing an appeal on behalf of Commissioner Stephen Corbishley arguing that a P.C. who had initially been fired by the Commissioner but who had his dismissal reversed by the Public Service Commission, should not be allowed to return to the Police Service.
The Royal Gazette (8th February 2010) reported:-
The Commissioner of Police has argued that an officer fired after he turned off a body camera before he allegedly struck a suspect should not be allowed to return to the service.
A lawyer for Stephen Corbishley said in the Supreme Court that officers found to have suppressed evidence should expect dismissal – and asked a judge to reverse a Public Service Commission decision that Pc Oswin Pereira should be reinstated.
Kevin Taylor, for the Commissioner, said during a judicial review last Friday that the public must be able to have confidence in police officers.
He said in cases of dishonesty – such as the destruction, suppression or fabrication of evidence by an officer – termination or resignation were the almost inevitable outcome.
Mr Taylor said: “That’s what happened in this case – the suppression of evidence.”
Pc Pereira was fired in January 2020 after a review of the reported assault – for which he was acquitted in Magistrates’ Court – found that he had turned off his camera before the incident and was dishonest about it.
Mr Taylor said the PSC had accepted the finding that Pc Pereira’s claim that he had turned off his camera accidentally was “implausible” and that the behaviour amounted to gross misconduct.
But he told the Supreme Court the PSC misdirected itself on the law and came to the wrong conclusion as a result.
Mr Taylor said: “If they got it wrong, the decision needs to be overturned, and we say they clearly got the law wrong.”
CLICK HERE for the full report on this appeal.