A policewoman who was stopped by traffic cops for driving without insurance on the shoulder of the Uriah Butler Highway, lost the appeal of her conviction on Wednesday on a charge of using obscene language, although she was reprimanded and discharged by a magistrate.
At a hearing of magisterial appeals, Justices Alice Yorke-Soo Hon and Mira Dean-Armorer said the policewoman’s conduct on October 27, 2016, was reprehensible and although the magistrate failed to give her reasons for reprimanding and discharging PC Patrice Jordan, it was not fatal to the case.
They affirmed the order of Magistrate Wendy Dougdeen-Bally on April 25, 2019, but said the reprimand and discharge were a “slap on the wrist,” and “extremely generous.”
The judges, as well as special prosecutor Wayne Rajbansie, asked why the officer was only charged with using obscene language, when clearly there were more serious offences, based on the evidence.
They also warned that they had the power to overturn the magistrate’s decision, although they did not.
Jordan’s attorney Lindianne Marshall argued the magistrate had to give an account of how inconsistencies in the prosecution’s case were handled, but failed to give reasons.
She also complained that there was no indication that her client’s good character was considered. She said as a police officer, the matter had implications for her client's job.
Yorke-Soo Hon said while the judges could not condone the magistrate’s failure to provide reasons, since, she said, “people had a right to know why a decision is made,” the evidence for the prosecution was “overwhelming,” so Jordan suffered no prejudice.
It was alleged by the traffic cops that Jordan drove off, shouting threats at them while using obscene language, after being told she would be ticketed.
In her defence, Jordan denied using obscene language or threatening anyone, but admitted to driving on the shoulder because there was a lot of traffic. She also identified herself as a police officer and asked to call her boyfriend for the insurance. She maintained she was the one on the receiving end of threats.
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