A Guyanese police officer who sought judicial review of a decision not to promote him has been left with legal costs from the case.
David Bhagwan had called for a review of Bermuda Police Service promotion procedures after failing to pass the sergeant-to-inspector interview panel in 2018.
His claim was dismissed by Chief Justice Narinder Hargun last year and the Court of Appeal this year, but he was subsequently one of seven sergeants promoted to the rank of inspector in August.
Phil Perinchief, counsel for Bhagwan, argued in the Court of Appeal that no order for costs should be made because of the “immense public importance” of the case.
However, the Court of Appeal said it was not persuaded such a move would be justified.
In a written judgment, Jamaica-born Justice Anthony Smellie said: “While the appellant time and again in his arguments sought to invoke, in support of his challenge to the promotion process, the general public interest and the wider interests of members of the force in the proper regulation of its promotion process, in reality he was simply challenging the outcome of his own bid for promotion.
“His was nothing more than a personal cause and this remains clear notwithstanding that this court was told in e-mail correspondence that the Bermuda Police Association had agreed, to a limited extent, to underwrite the appellant’s attorney’s fees.
“And while the appellant’s challenges to the promotion process necessitated an examination by the court of the complexities of the process, these were not found to be wanting in any significant way.
“Rather, the process was found to be fair and transparent….”
However, the court rejected an application by the respondents for wasted and indemnity costs, and found it would be unfair to leave Bhagwan with the legal costs for his defense against that claim.
In the circumstance, the court ruled that Bhagwan should pay the respondents for the costs of the appeal.
However, the respondents were ordered to bear their own costs for their application for costs, along with the costs of the appellant’s resistance of the application.
Bhagwan had alleged bias by the interview panel and asked for a declaration that the promotions panel and the commissioner of police had acted beyond their authority.
He was told in September 2018 that he had fallen short of the 60 percent pass grade in the examination for promotion – but that assessors were impressed with his performance and track record.
CMC/
