Regina exparte Livingston Owayne Small v The Commissioner of Police & The Attorney General

 IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. 2003lHCV 2362

BETWEEN REGINA ex parte LI\'INGSTON OWAYNE SMALL CLAIMANT

AND THE COMMISSIONBR OF POLICE 1 ST DEFENDANT

AND THE ATTORNEY GENERAL 2ND DEFENDANT 1

Arthur Kitchen for the Claimant.

Curtis Cochrane, instructed by the: Director of State Proceedings, for the

6 Defendants.

Heard 27th July 2006 and lath Septernber 2006

Judicial Review - Certiorari - Decision - Civil Procedure Rule 56.16(1)

Brutum fulmen - Alternative Remedy - Delay.

Wednesbul-y Resonableness

Campbell J

(1) The applicant was a Student Constable of Police in training at the Twickenham

Park Police Academy. He became a member on the 9th September 2002 and was

, due to graduate from the Academy on i,he 1 1 C; t h ~un2e0 03.

(2) A report was made to the Commandant of the Academy, that the applicant

was seen engaged in sexual intercourse: with a female student of that Academy. He

was subsequently dismissed from the Academy on the 16'~M ay, 2003. Between

the time of his dismissal and the filinl; of the application for Court Orders on the

5th December 2003, he occupied himself in seeking the assistance of the Police