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Jul 16, 2020

Corporal Eldon Arzu Vs ComPol!

Eldon Arzu

Corporal Eldon Arzu versus the Commissioner of Police – it’s moving forward in the courts. The matter which was adjourned last week was back in the courts today before Justice Sonya Young.  Arzu is the former President of the Police Association who was asking the court to grant him leave to bring a judicial review claim against the Commissioner of Police. Arzu claimed that the ComPol didn’t follow the procedures for the Police Association election process when he extended the nomination dates which saw newly elected President Jane Usher enter the race. All of this, according to Arzu, was after the deadline, as per the association’s regulations. Today both sides made their final submissions and the press was granted an interview by attorney for Eldon Arzu, Nazira Myles.  She explains that they matter proceeds on some of the grounds they submitted. Here’s how she explains it.

 

Nazira Myles, Attorney for Eldon Arzu

“We had applied for leave seeking several declarations and order from the court. One of the reliefs we were seeking was not granted, being that my client and his slate be immediately endorsed. Her finding was that we were out of time in that aspect. However, the other reliefs sought were granted and we were able to file a claim.”

 

Reporter

“Explain to us the grounds that are succeeded to bring the leave for a judicial review?”

 

Nazira Myles

Nazira Myles

“Well, to hold an election there were nominations which should have been done by fifteenth November. There were several extensions to those nominations so those decisions have been challenged. And also we are challenging the election that took place in June, so all those were allowed.”

 

Reporter

“So, then it means that at the end of the trial there is a possibility that new elections could be ordered?”

 

Nazira Myles

“The difficulty with the matter is that when you are elected or endorsed, you only serve for one year. So, at the end what would take place she would determine whether the actions taken by the commissioner were lawful or not. So, it would affect this election because we intend to apply for an injunction to stay any action by the present board, given that we were allowed to file certain grounds but it will affect all future elections or nominations likewise. So, it is assisting the association in letting them know what actions or which actions the commissioner can take or cannot take pursuant to the Act.”

 

Reporter

“There was the point made that your client did not seek up court action when he should have. Can you explain that part and what is the consequence of that and the legal principle referring to that?”

 

Nazira Myles

“Well, what the court ruled and it has been several rulings, even in our jurisdiction here, is that the delay or actions he took before bringing these proceedings, he was not bound to do so. So, it wasn’t like he was waiting for a decision by a board or a commission for him to have to wait. What they are saying is that yes he sought other means, for example, meeting with the minister and the commissioner, writing them and seeking some other legal alternative, but he was not legally bound to do that. But he should have still come to the court and force the court’s hand to make some determination, within the three months.”

 

Crown Counsel Agassi Finnegan from the Attorney General’s Ministry represented the Commissioner of Police. The matter goes back to court on September third.


Viewers please note: This Internet newscast is a verbatim transcript of our evening television newscast. Where speakers use Kriol, we attempt to faithfully reproduce the quotes using a standard spelling system.

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