Captain Willock secures another victory against the ABDF
The Honorable Justice Jan Drysdale, on November 12, 2024, delivered her judgment in the of Javonson Willock v Chief of Defence Staff (CDS) and Attorney General.
Captain Willock’s case before the High Court commenced because the CDS intended to revoke Willock’s indefinite commission and grant a short-term commission, which would have seen Willock’s career coming to a premature end.
Willock also asked the court to investigate the circumstances surrounding why he was not promoted despite Mr Samuel Roberts, who was junior, being elevated in rank before him.
Justice Drysdale found favor with the CDS who said that Willock remains under investigation over allegations of misconduct dating back to 2020.
Willock, however, gave evidence that he was notified that the investigation into his alleged misconduct would have restarted in October 2023. Over a year later, the investigation has not commenced, which Willock says is a deliberate act to continue to deny his promotion.
The Judge also denied Willock’s promotion citing a lack of vacancies. However, Willock says there is no shortage of vacancies when some of his colleagues are filling multiple portfolios and, Commissioned Officers who have far exceeded the mandatory age of retirement are still holding office in the ABDF.
Willock, who is not satisfied with the Judge’s decision, already hinted at his intention to appeal.
In a previous ruling, Justice Drysdale awarded Willock $25,000 in damages, but the decision was appealed on several basis including that the sum was inordinately low and that the Judge’s decision was motivated by bias.
We understand that before Willock gave evidence, Justice Drysdale, in open court, told counsel for the claimant to manage his client’s expectations because the court had a figure in mind to award Willock.
We also understand that Willock has since made efforts to retrieve the recording from the High Court, but was told that the entire proceeding for the day in question was not recorded due to technical difficulties.
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