Court: Reinstate sergeant

A COURT has ruled that a police sergeant who was sacked in 2010 but later reinstated to a lower rank be reinstated to his substantive position.
National Court judge Justice Nicholas Miviri ruled that the decision by former Police Commissioner Anthony Wagambie Snr in 2010 to dismiss Sergeant Martin Angi for failing to report a missing police-issue gun was in breach of the Police Act.
Justice Miviri quashed Wagambie’s decision of June 25, 2010, when he dismissed Sgt Angi, and June 22, 2011, when he reinstated him but to the lower rank of senior constable.
Justice Miviri said the decision was in breach of sections 19, 24, and 25 of the Police Act.
He ordered that Angi be reinstated to his substantive position of sergeant, or a position equivalent, with all salaries and emoluments at that level due to be paid in full backdated from the date he was dismissed to the date of the judgment.
The court also ordered that the period when Angi was dismissed to the date of the court order shall be deemed as continuity in service.
The court heard that Angi was notified by the commissioner of police that he had been dismissed from the constabulary for the loss of the gun.
He denied what he was being charged with.
On June 28, 2010, Angi in an internal memo appealed against his dismissal and the penalty.
On June 11, 2011, the police commissioner advised him that his dismissal had been cancelled, and that he was being reinstated but as a senior constable.
Angi requested the court to review the commissioner’s decision, saying the commissioner had acted beyond his powers by failing to appoint a disciplinary officer to investigate the matter and report his findings to him.