Police Sergeant Philbert Bertrand challenging a PSC decision to bypass him for promotion in the Force

Photo: The Sun

​Police Sergeant Philbert Bertrand is challenging the decision of the Police Service Commission (PSC), to bypass him for promotion in the Police Force (CDPF). Bertrand is now asking the court to grant him leave for Judicial Review and Administrative Order, in respect of the decision of the PSC. His attorney Gildon Richards filed court documents on his behalf at the High Court in Roseau on 12th April 2017.Bertrand reportedly joined the Police Force on 25th February 1981. He contends that he performed “creditably everywhere” he was posted, and attended many training courses from 1982, in Dominica, Barbados, St Lucia, USA, Bahamas, Jamaica, Grenada, Antigua, Martinique, St. Kitts and the Dominican Republic.
 
Through his attorney, Sergeant Bertrand said based on the criteria for promotion in the PSC Regulations and on his “creditable performance of the duties and functions allotted to him”, he has held, and continues to hold a legitimate expectation that he should be promoted from the rank of “Sergeant, to the rank of Inspector, and or to other ranks at the upper levels of the police force on merit.”Bertrand stated, “I believe that at February 5, 2017, I had already attained the required qualification for promotion to the rank of Inspector that surpassed any qualification of the chosen candidates. To my disappointment, and without any explanation, the PSC, by the said decision of which I herein complain, has unfairly and unlawfully denied me promotion to the rank of Inspector of police”.
 
Bertrand is challenging the appointments of Clinton Hilaire and Belgrove Charles to the rank of Inspector by the PSC, saying he is more senior, more experienced in holding leadership positions than Charles and Hilaire, especially considering the fact that even at the time of the decision, he was entrusted with the management of a police station. He added that they do not have the depth of knowledge and experience I possess and have applied in my practice of policing,” he said.
 
He is asking the court to declare, that in making the said decision or decisions, the PSC violated the provisions of Regulation 20 of the PSC Regulations Chap 1:01, and other relevant provisions thereof. He noted, “That the said Commission acted unreasonably, unfairly and unlawfully discriminated against him to his detriment. He says the PSC acted in bad faith, and it unfairly and unlawfully failed, or refused to inform him of the reasons or reasons for its failure or refusal to appoint him, to hold and act in the office of the said rank of Inspector”.