The Royal Gazette (28th December 2022) reported on a claim by a police officer not to be left with legal costs as a result of his unsuccessful seeking of a judicial review of a decision not to promote him.  The Chief Justice had earlier dismissed the action seeking a judicial review, and his decision was upheld by the Court of Appeal.

In a written judgement regarding the police officer having been left with legal costs for the case, Justice of Appeal Anthony Smellie said: “While the appellant time and again in his arguments sought to invoke, in support of his challenge to the promotion process, the general public interest and the wider interests of members of the force in the proper regulation of its promotion process, in reality he was simply challenging the outcome of his own bid for promotion.

“His was nothing more than a personal cause and this remains clear notwithstanding that this court was told in e-mail correspondence that the Bermuda Police Association had agreed, to a limited extent, to underwrite the appellant’s attorney’s fees.

“And while the appellant’s challenges to the promotion process necessitated an examination by the Court of the complexities of the process, these were not found to be wanting in any significant way.

“Rather, the process was found to be fair and transparent, and well known to the appellant himself who had participated in their reform and was given to fair application across the board to all candidates.”

CLICK HERE for the full article published in the Royal Gazette.