Captain Willock Secures Third Legal Victory Against ABDF as Court Bars Disciplinary Action

A High Court ruling delivered earlier today has gone in favour of Captain Javonson Willock, marking his third consecutive legal victory against the Antigua and Barbuda Defence Force (ABDF).

In a decision handed down by Justice Rene Williams, the Court ruled that the ABDF is statute-barred from initiating any disciplinary proceedings, whether by court martial or summary process, in relation to allegations of misconduct said to have occurred on August 14, 2020. This finding effectively brings an end to any lawful attempt to revive those proceedings.

The Court went further, declaring that the charges issued against Willock on December 6, 2024, are “unlawful, null, void, and of no effect,” thereby invalidating the ABDF’s attempt to pursue disciplinary action several years after the alleged incident.

However, the Court did not uphold all aspects of the claim. Willock’s action for misfeasance in public office was dismissed, with the Court finding that there was insufficient evidence of loss or material damage to sustain the claim. The Court also made no order as to costs, meaning that each party will bear its own legal expenses.

Despite securing this ruling, Willock indicated that he is still considering his next steps. When asked whether he intends to appeal the dismissal of the misfeasance claim, he stated: “I welcome the decision in principle, but I will decide my next course of action after I read and digest the written decision.”

Willock further said, “One of the legs of misfeasance in public office is that the defendant must have acted with malice, bad faith, ulterior and/or improper motive. I did not hear the Judge say I failed to establish this leg. And, this, in my humble view, is quite telling.”

The matter has not been without controversy. Earlier in the proceedings, Willock filed an application seeking the recusal of Justice Williams on the grounds of apparent bias. That application was later withdrawn, allowing the Judge to continue presiding over the case.

In a notable development during the proceedings, the Court also rebuked the ABDF and placed on record that it had brought the administration of justice into disrepute. This followed findings that incorrect information had been presented to the Court by Lieutenant Colonel Alando Michael, including representations that a key witness was in China and unavailable for Willock to cross-examine. This information was later proven to be inaccurate after Willock sounded the alarm.

Willock represented himself throughout the entire case, while an entourage of attorneys from the office of the Attorney General and in-house attorneys represented the ABDF.

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