Former Commissioner of Police Wendel Alexander formerly Wendel Robinson is preparing to appeal the dismissal of his unlawful termination claim against the Police Service Commission (PSC). Alexander contends that his constitutional rights and principles of natural justice were breached when he was terminated in 2019.

Alexander plans to take his case to the Eastern Caribbean Supreme Court (ECSC) and, if necessary, to the Privy Council. “Captain Willock, myself, and a King’s Counsel are finalizing the myriad grounds of appeal; and it’s quite a few,” he said, adding, “I often say I will get my justice at the Privy Council.”

The former commissioner argues that his termination was procedurally unfair and violated constitutional protections. He was dismissed via a letter dated November 25, 2019, following claims of misconduct from several officers, including allegations of victimization, which Alexander has denied.

His attorney, Wayne Marsh remarked that “The whole decision came as a surprise and a shock. There was absolutely nobody in the whole process who thought that the court would have come down this way.”

Never-the-less, he said Alexander’s team have been reading the judgement and “have identified several fertile grounds of appeal” … “We have no doubt that we will be successful on appeal.”

Alexander was suspended on April 5, 2018, after three male officers accused him of sexual harassment and inappropriate conduct. Their complaints, covering incidents between 2016 and February 2018, were formally lodged only in late March 2018. A month later, Alexander filed for judicial review, challenging his suspension.

Justice Godfrey Smith later ruled Alexander’s initial suspension unlawful, noting that it was issued under Section 37 of the Police Act without proper charges, violating natural justice. However, hours after his reinstatement, the PSC issued a new suspension citing fresh disciplinary charges stemming from complaints and an investigation by the CARICOM Implementation Agency for Crime and Security (IMPACS).

Alexander was ultimately dismissed in November 2019, ending a 32-year career in the police service. The termination letter, signed by PSC Chairman Kelvin John, cited “public interest” as the reason for his removal under the constitutional authority of the Commission. Alexander was denied pension, gratuity, and other benefits.

Legal Arguments and Court Ruling

The case centres on whether Alexander’s termination was lawful and procedurally fair, particularly given the absence of explicit disciplinary rules for the Commissioner of Police.

Alexander’s attorney, argued that the dismissal was influenced by irrelevant factors, including a strained relationship with the Minister responsible for police and temperament issues, none of which constituted valid grounds for termination. Marsh also claimed the PSC failed to follow proper disciplinary protocols under Section 16 of the Police Act.

A key issue was Alexander’s right to appeal to the Police Service Board of Appeal, guaranteed under Section 107(2) of the Constitution. However, the appeals board was non-functional at the time of his dismissal, leaving Alexander without recourse.

The court determined that:

• Alexander failed to prove breaches of constitutional provisions or principles of natural justice.
• The PSC’s reliance on certain evidence was deemed relevant.
• The lack of a functioning appeals board, while significant, was not the PSC’s responsibility.

The court found no procedural irregularities in the disciplinary process and concluded that Alexander’s dismissal was neither procedurally unfair nor unlawful. Claims that the PSC abandoned its initial process and relied on irrelevant factors were dismissed as unsubstantiated.

Alexander, now an attorney, estimates he is owed more than XCD$230,000 in gratuity, along with a monthly pension and damages for reputational harm. He remains resolute in seeking justice through the appeal process.