Cops accuse judge of abuse in police handcuffing spat

POLICE FEDERATION Chairman Corporal Rohan James says rank-and-file lawmen are fuming over the action taken by St Elizabeth Parish Judge Alwayne Smith, whose instructions resulted in a uniformed policeman being hauled before the court in handcuffs on Wednesday.

James described the action as abusive and an overreach of judicial power, especially because the cop was in another court in relation to another matter when the judge’s order was activated.

According to reports, the policeman was slated to appear in Smith’s courtroom.

“It is one of the most outrageous and disrespectful acts and abuse of power taken from the Bench by a magistrate, let alone, the member was in another court, which is of similar jurisdiction and that information was brought to the attention of the judge,” James said in an interview with The Gleaner.

“The Police Federation will not sit by and allow either the high court nor the lower court to continue to abuse our members,” added James.

The federation chairman said the organisation will be seeking clarification on the matter as it believes the action taken against the policeman was a breach.

“We will take a stand, as the officer’s constitutional rights were violated, and the judge must be held accountable,” said James. “We will not stand by and allow those who believe because of the power vested in them, they can use it to abuse citizens of this country.”

However, attorney-at-law Michael Hemmings, president of the Cornwall Bar Association, is not of the view that the judge acted improperly.

“If an accused man is to turn up to court on a particular day, and he is not there, the judge can issue a warrant for his arrest,” said Hemming. “Now if a police officer was told to come to court on a particular day, and he doesn’t show, the judge has certain powers to issue a warrant for the arrest of the police. This is nothing new,” he said.

Hemmings said that while the police, lawyers, judges, and prosecutors are all officers of the court, they should not be treated preferentially from ordinary persons committing a similar offence.