This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.bbc.co.uk/news/uk-england-20944403
The article has changed 6 times. There is an RSS feed of changes available.
| Version 3 | Version 4 |
|---|---|
| Avon and Somerset Police boss Colin Port loses court action | Avon and Somerset Police boss Colin Port loses court action |
| (35 minutes later) | |
| A bid by the chief constable of Avon and Somerset Police to block the recruitment of his replacement has been thrown out by a high court judge. | A bid by the chief constable of Avon and Somerset Police to block the recruitment of his replacement has been thrown out by a high court judge. |
| Colin Port said he was "unlawfully induced to retire" by his Police and Crime Commissioner Sue Mountstevens. | Colin Port said he was "unlawfully induced to retire" by his Police and Crime Commissioner Sue Mountstevens. |
| It follows his refusal to re-apply for his own job last November. | It follows his refusal to re-apply for his own job last November. |
| "I'm extremely sorry that Mr Port's career has ended in such an unsatisfactory way," Mr Justice Edwards-Stuart said. | "I'm extremely sorry that Mr Port's career has ended in such an unsatisfactory way," Mr Justice Edwards-Stuart said. |
| 'Lost on technicality' | 'Lost on technicality' |
| Mr Port had asked the High Court to block the interview process for his replacement and to insist on six months' notice before the interview procedure took place. | |
| Refusing permission for a judicial review of the PCC's decision the judge said the interests of the Avon and Somerset force "must come first". | Refusing permission for a judicial review of the PCC's decision the judge said the interests of the Avon and Somerset force "must come first". |
| Speaking outside court Mr Port said he had "lost on a technicality" and was considering appealing. | Speaking outside court Mr Port said he had "lost on a technicality" and was considering appealing. |
| He said: "This was never about me but wider policing." | He said: "This was never about me but wider policing." |
| Ms Mountstevens said she was "delighted" with the decision. | Ms Mountstevens said she was "delighted" with the decision. |
| "The judge rejected Mr Port's complaints in law, found that they were not even arguable and dismissed the case," said a spokesperson for the PCC's office. | |
| "We are going ahead with the process to recruit a chief constable and we are holding our interviews this week to appoint the best candidate for Avon and Somerset." | |
| Earlier on Tuesday the Royal Courts of Justice heard Mr Port felt "humiliated" by his PCC. | Earlier on Tuesday the Royal Courts of Justice heard Mr Port felt "humiliated" by his PCC. |
| Mr Justice Edwards-Stuart was told Mr Port had done "extraordinarily well" as chief constable. | Mr Justice Edwards-Stuart was told Mr Port had done "extraordinarily well" as chief constable. |
| Mr Port's lawyer Mike O'Brien argued the "arbitrary decision" by the PCC should have been scrutinised by Police Crime Panel. | Mr Port's lawyer Mike O'Brien argued the "arbitrary decision" by the PCC should have been scrutinised by Police Crime Panel. |
| 'No intention' | 'No intention' |
| He told the court Mr Port was concerned for the impact of such "arbitrary decisions" on the "wider policing community" and he was entitled to serve out a six-month notice "which he sees as his duty". | He told the court Mr Port was concerned for the impact of such "arbitrary decisions" on the "wider policing community" and he was entitled to serve out a six-month notice "which he sees as his duty". |
| Lawyers acting for Ms Mountstevens responded by telling the judge she acted within the law. | Lawyers acting for Ms Mountstevens responded by telling the judge she acted within the law. |
| They said once the chief constable had told the media he was resigning, in November, she had no choice but to find a replacement and it would be against public interest to disrupt that process. | They said once the chief constable had told the media he was resigning, in November, she had no choice but to find a replacement and it would be against public interest to disrupt that process. |
| When Mr Port met Ms Mountstevens on the day she took her oath of impartiality, she told him she wanted to advertise his job so she could appoint a chief constable for her whole three-and-a-half-year term of office. | When Mr Port met Ms Mountstevens on the day she took her oath of impartiality, she told him she wanted to advertise his job so she could appoint a chief constable for her whole three-and-a-half-year term of office. |
| Mr Port told the commissioner he had "no intention" of re-applying for his own job. | Mr Port told the commissioner he had "no intention" of re-applying for his own job. |
| He said he would not seek the renewal of his contract and confirmed he would retire from the police service on 26 January. | He said he would not seek the renewal of his contract and confirmed he would retire from the police service on 26 January. |
| Under police regulations a chief constable can be appointed for a fixed term for a maximum of five years. | Under police regulations a chief constable can be appointed for a fixed term for a maximum of five years. |
| After the fixed term they can be extended by up to three years but following that extensions can only be for a year at a time. | After the fixed term they can be extended by up to three years but following that extensions can only be for a year at a time. |
| BBC West Home Affairs correspondent Steve Brodie said he understood Mr Port would be personally covering the cost of the action. | BBC West Home Affairs correspondent Steve Brodie said he understood Mr Port would be personally covering the cost of the action. |