Court rules punishment of constable for social media post was excessive

 

By Racquel Porter  

 

 

A Supreme Court judge has ruled that two senior police officers acted beyond their legal authority when they sanctioned a Constable for posting a video on social media on January 27, 2024, that allegedly brought the Jamaica Constabulary Force into disrepute.

 

In a written judgment delivered Thursday, Justice Tanya Mott Tullouch-Reid found that the disciplinary measures imposed on Constable Miskha Sterling-Gibson was excessive.

 

On January 29, 2024, Deputy Commissioner of Police Richard Stewart ordered Constable Miskha Sterling-Gibson to return to training school for six months confinement at the National Police College of Jamaica (NPCJ) beginning on February 5.

 

Two days later, the Constable was served with two unsigned charged sheets at the Zone of Special Operations (ZOSO) base in Denham Town.

 

The charges were breach of the JCF Social Media Policy and bringing the force into disrepute.

 

She was instructed to report to the 'Orderly Room' on February 2, 2024, which she did.

 

At that hearing, conducted by then Senior Superintendent of Police Michael Phipps, and two Inspectors, Constable Sterling-Gibson pleaded not guilty and requested disclosure.

 

While at the NPCJ, she was not allowed to leave the compound between Sunday 7:45 p.m. to Saturday 7:00 a.m.  

 

Disclosure was eventually provided on March 8, 2024, and the matter was adjourned until March 22, 2024.

 

At that subsequent "Orderly Room" hearing, conducted by SSP Phipps and an Inspector, Constable Sterling-Gibson pleaded guilty.

 

On March 19, 2024, her attorney wrote to the Office of the Commissioner of Police arguing that the sanction was excessive.

 

A response the following day indicated that investigations would be conducted. 

 

A further letter was sent on April 9, 2024.

 

Constable Sterling-Gibson sought leave to apply for judicial review contending that then SSP Phipps and Deputy Commissioner Stewart acted beyond the scope of their powers and she had exhausted all alternate remedies.

 

The trial was held in November 2025.

 

In Thursday's ruling, Justice Tanya Mott Tullouch-Reid held that Deputy Commissioner Stewart acted ultra vires, as his authority extended only to a maximum of three days' confinement training at the National Police College of Jamaica.

 

That sanction was quashed.

 

The judge also ruled that Senior Superintendent of Police Michael Phipps acted ultra vires to the Police Service Regulations when he further sanctioned the claimant at an orderly room hearing held on March 22, 2024 for an offence for which she had been previously sanctioned by Deputy Commissioner of Police Richard Stewart.

 

That, too, was quashed.

 

Each party is to bear his or her cost in the claim.

 

Constable Sterling-Gibson's attorney Matthew Hyatt described the ruling as bitter sweet. 

 

"We welcome this ruling from the Supreme Court, and it signals that ordinary citizens and even the Constable, in this case, can get reprieve from our courts where it is that decisions are made that are unconstitutional, decisions that are totally outside of the ambit of the law. And this is certainly one of those cases. Cost was not awarded for her. And it's very unfair where it is that you can have the state act in such a manner against you, and you have to then take out of your pocket to get such a remedy. And so we are actively considering suing the state for false imprisonment," he contended.