A police officer accused of using excessive force during a traffic stop last year has asked the Supreme Court to declare his suspension unlawful.
Inspector Christian Leary was suspended and placed on half-pay on August 27, 2019, after he was charged before the Police Disciplinary Tribunal with using unnecessary force against Deja Laing and Aaliyah Laing during a road block in Exuma.
Leary has asked the court to compensate him for his lost earnings and that he immediately be assigned to police duties in order to receive full pay.
The women allege that Leary punched them in the face and beat them about the body during a traffic stop on August 5, 2019.
Photos of blood streaming down the eye of one of the women went viral on social media following the alleged incident.
Leary, 38, in an affidavit supporting his constitutional motion against suspension, alleges that Acting Commissioner of Police Paul Rolle acted outside of the Police Act when he interdicted him.
Leary said that he was never “brought or taken under the disciplinary procedure set out by the Police Service Commission”.
Leary said, “I am innocent of all the offenses herein and I will defend against them and I am confident that I will be exonerated of the offenses for which I am charged.”
Leary said the reduction in salary has resulted in “undue hardship and economic loss, including the inability to make payments on my outstanding loan at Bahamas Law Enforcement Credit Union”.
“I am also unable to provide for myself and my family and pay my utility bills and, from time to time, have to seek assistance from my mother to assist with paying for my son’s school fees,” he said.
Leary has asked the court to declare his interdiction unlawful and void; that Sections 1 and 2 of the Police Act do not comply with the constitution and to declare those sections unconstitutional.