A defence force captain accused of misconduct and charged without a trial by the Antigua and Barbuda Defence Force (ABDF) has filed another lawsuit.

Captain Javonson Willock was charged again on December 6th with five of the six charges previously filed against him, including accusations of disobeying orders, acting disgracefully, and behaving in ways that could harm military discipline.

Willock is seeking an injunction to prevent his direct supervisor, Lieutenant Colonel Dalton Graham, and Chief of Defence Staff Brigadier General Telbert Benjamin from unlawfully bringing him before a disciplinary tribunal. However, Justice Renee Williams declined to grant the injunction, stating that damages would be an adequate remedy at the trial’s conclusion.

Last September, another High Court judge, Justice Jan Drysdale, ruled in Willock’s favour, declaring the charges null and void. Justice Drysdale found the ABDF’s attempt to dismiss Willock unlawful and ordered the force to comply with the Defence Act of 2006 and its regulations. The Chief of Defence Staff was also directed to remove a reprimand letter from Willock’s file.

Willock now argues that these current charges were filed through the same flawed process and are statute-barred, as the three-year period since the August 14, 2020, date has lapsed.

“I am not disappointed by the judge’s decision today because I really felt like he heard me out, he gave me the opportunity to speak,” Willock remarked briefly.

Representing himself, Willock initially sought judicial review remedies but is likely to revise his claim. Both parties are scheduled to return to court on February 11, 2025, for a case management hearing to set the trial date.