Turning now to news coming out of the Supreme Court, Police Corporal
Eldon Arzu has convinced the Supreme Court to entertain him in a
judicial review claim against Police Commissioner Chester Williams.
We've been following the case very closely, and as viewers are aware,
Arzu is trying to convince the court that the Commissioner took
arbitrary decisions to unseat him and his slate as the incumbents on
the Board of the Police Association.
According to Arzu, the Commissioner failed to follow the rules of the
Police Association's election process. He contends that the
Commissioner arbitrarily extended the nomination process, which allowed
for Sergeant Jane Usher and her team to enter elections, long after the
deadlines set by the Police Association's election rules.
This evening, Justice Sonya Young finished hearing arguments from
Arzu's Attorney Nazira Myles, and the Commissioner's attorney, Crown
Counsel Agassi Finnegan, as to why she should or should not entertain
Arzu's lawsuit.
After consideration of positions presented by the two sides, the judge
ruled that Arzu's complaint should be allowed to go through full
adjudication.
After the announcement was made inside the courtroom this evening, we
got a chance to speak with Arzu's attorney, about the Round 1 victory
in this case. Here's what she told us after exiting:
Nazira Myles - Attorney For Corporal Arzu
"Well we had applied for leave seeking several declaration an orders from
the court. One of the reliefs we were seeking was not granted being that my
client and his slate being immediately endorsed. Her finding was that we
were out of time in that aspect, however the other relief sought were
granted and we're able to file a claim. Well to hold an election there were
nominations which should have been done by 15th November, there were
several extensions to those nominations, so those decisions have been
challenged and also we're challenging the election that took place in June
as to it's lawfulness, 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're elected or endorsed,
you only serve for one year, so at the end what will take place, is 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's assisting the association in letting them
know which actions the commissioner cannot take or can take pursuant to the
act."
Reporter
"Now there was a point that was being raised to a matter being purely
academic on the other side from your learned colleague, could you explain
what happened in that regard?"
Nazira Myles
"Well she is saying since the election already took place, my client is not
directly affected because he wasn't nominated nor did he win the election
and that there is no saying whether a circumstance like this would arise
again affecting any one person or entity, therefore it would be purely
academical but the judge saw our submission and she was also of the view
that we can't predict what would take place in the future and that a
decision which she would make would affect my client as he's a member of
the police association and it would also affect every member of the police
department who can likewise vote or put themselves forth as a nominee."
The Court has scheduled a first hearing in the judicial review case for
September 3rd. We'll tell be there to tell you what happens.
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