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Police face huge bill after landmark ruling

Pc Michael Harkin and his lawyer Allan Doughty make there way to the Department of Human Affair at the Melbourne House in the City of Hamilton Tuesday Harkin has filed a complaint against the Commissioner of Police Michael Desilva. (Photo by Glenn Tucker)

The Bermuda Police Service faces a substantial bill after the Supreme Court ruled that the human rights of a British policeman who was unfairly passed over for promotion were breached.

Michael Harkin looks set to receive more than $200,000 in damages after Chief Justice Ian Kawaley ruled that he had been discriminated against on the basis of his nationality.

But the BPS will also have to pay Mr Harkin’s legal costs, which are expected to be well in excess of $10,000, as well as their own.

At the end of Monday’s groundbreaking judgment Mr Kawaley ruled that the public office of the Commissioner of Police, which had appealed against the previous decision of a Human Rights Commission Board of Inquiry, would be liable for Mr Harkin’s legal costs.

The ruling was not opposed by the lawyer for the Commissioner of Police.

In practice Mr Harkin is only likely to receive between 70 to 80 per cent of the money he paid out on legal representation at the Supreme Court.

Two years earlier in 2013 the board of inquiry also ruled in Mr Harkin’s favour, although it awarded him less damages.

Human Rights legislation provides that the board of inquiry only has the power to award up to $1,000 in legal costs to a successful applicant, so Mr Harkin will receive very little of the money he paid out to be represented at the tribunal.

Mr Harkin, who works as a police officer in England now, joined the BPS in February 2005 on a five-year contract.

In July 2009, with six months of his contract still to run, he passed a selection process to obtain the rank of police sergeant, placing fourth in the rank orderings of his class. Mr Harkin became concerned a month later when eight of his fellow officers were promoted to sergeant, while he remained a police constable.

Mr Harkin filed an internal complaint with the Bermuda Police Service in October 2009 when several Bermudian colleagues were promoted ahead of him — even though some had scored lower marks in their sergeant exams.

Just months later he was forced to leave the Island after being told his relationship with the force was “no longer harmonious” and his contract would not be renewed.

His sudden termination prompted Mr Harkin to embark on a six-year legal battle with the public office of the Commissioner of Police that ended on Monday with the Supreme Court ruling that he had been discriminated against on the grounds of his place of origin.