Appeals Council nullifies police officer’s dismissal

March 04, 2016 10:17 AM
PHILIPSBURG--Police officer Ashwin R.W. Martina on Thursday won his case at the Council of Appeals in Civil Service Cases against the Governor of St. Maarten concerning his dismissal almost five years ago.
 
Then Minister of Justice Roland Duncan suspended Officer Martina on July 13, 2011, in connection with an investigation into a number of violent incidents in April 2010, and in January and July 2011.
 
Martina was suspended with immediate effect on July 13, 2011, based on his unsuitability to perform his duties as a police officer. He was denied access to all police buildings and terrains. Martina was a member of the Force since January 12, 1991.
 
The Governor of St. Maarten sanctioned the decision and dismissed Martina as per October 2, 2012, for “repeated dereliction of duty,” which included several cases of mistreatment, intimidation and misconduct.
 
The Court of First Instance upheld the dismissal, but attorney Cindy Marica-Henderson filed for appeal on behalf of her client. The appeal was heard January 18.
 
In Tuesday’s decision, the Council of Appeals stated that Martina’s dismissal was in conflict with the general principles of good governance. According to the Council of Appeals, it could not be ascertained that the police officer in question had been confronted with any disciplinary measures by his superiors concerning his alleged misbehaviour.
 
The Council also took into account that more than two years had elapsed between the 2010 and 2011 incidents and the decision for Martina’s dismissal, whereas within the police organisation only a one-year period is allowed for any disciplinary action.
 
“Given the fact that the Minister never warned Martina about these alleged incidents in April 2010 and January 2011, he could not have taken these incidents into consideration in his decision of June 2012 to dismiss Martina; more than 16 months after these incidents,” his lawyer said.
 
The incident of July 8, 2011, in which Martina had a violent altercation with a road worker of construction company MNO on Walter Nisbeth Road, and the mistreatment of a handcuffed detainee later that month, were both considered cases of “serious dereliction of duty” and “deeply unworthy” of a police officer.
 
However, the Appeals Council established that the dereliction of duty consisted of only one single, although very serious, legally binding “derailment,” which had not led to any criminal charges.
 
According to the Council, Martina had an irreproachable service record for 20 years and had not been given any counselling after the incidents. Therefore, his dismissal was considered disproportionate. His employer should have given him the opportunity to improve his behaviour before arriving at the conclusion that he was no longer suitable to work, the Council said.
 
The Council, therefore, nullified the dismissal decree, with the understanding that Martina will not be allowed to neglect his duties as a police officer again in the next two years. He may also have to submit himself to “a self-improvement trajectory,” the Council said.
 
Country St. Maarten was ordered to pay the appellant’s legal costs, which were set at US $1.564.
 
“My client is satisfied with the decision and is ready to report back to work to properly execute his duties as a police officer and to follow instructions for improvement to be given by the Minister as per the decision of the Council,” his lawyer said.
 
The Daily Herald
 
Police officer Ashwin Martina was represented in this case by attorney Cindy Marica-Henderson of Mariflex Attorneys. Country St. Maarten was represented in this procedure by attorneys Aernout Kraaijeveld and Caroline van Hees of Gibson and Associates.
 
 

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