Suspended deputy director sues NLCB

EIGHTEEN months after being suspended as deputy director of the National Lotteries Control Board (NLCB), Carmel Smith has now been charged by the Statutory Authorities Commission (SAC) with misconduct. The commission, according to a lawsuit she filed yesterday in the San Fernando Civil High Courts, accused her of accepting use of a car while acting as NLCB’s director for months although she was in receipt of a motor vehicle upkeep allowance. Smith sued the commission yesterday against its decision to have her charged. Justice Peter Jamadar, presiding in the San Fernando First Civil Court, granted Smith leave to apply for judicial review of the SAC decision to charge her with misconduct on March 31.

Smith contends the objective of this charge was aimed at frustrating and prejudicing her previous lawsuit against the NLCB, for keeping her on suspension without the SAC preferring disciplinary action against her, and its inaction in doing so. On January 21, 2004, Justice David Myers granted Smith leave to apply for judicial review of the NLCB’s decision to suspend her indefinitely without the SAC charging her. The State has yet to file affidavits in response to that lawsuit.

Smith had been on suspension since August 5, 2002. Filed by attorney Anand Ramlogan yesterday, Smith is contending in her new application for judicial review, that the commission’s March 31 decision to charge her, “was preferred in an attempt to frustrate, prejudice, preempt and/or torpedo the judicial review case against the NLCB challenging the suspension without being charged with any disciplinary offence.” The matter will be heard on Monday.