Martin Daly: Fired Registrar wrong

A RECKLESS and unwarranted attack of bias was made against the Judicial and Legal Services Commission (JLSC) by former Registrar of the Industrial Court Marilin Sammy Wallace, who was terminated this year, Senior Counsel Martin Daly submitted to Justice Peter Jamadar yesterday. Not having agreed with the commission’s decision to fire her, Daly said in the First Civil Court, San Fernando, Wallace ought not have disclosed in a “public forum” that the commissioners acted with bias and malice. The commission terminated Wallace, 42, in January as Registrar on recommendations by Court president Addison Khan. Wallace refused, on orders from Khan, to approve certain payments requested by certain judges of the Court.

She submitted to the commission that the requests were illegal. Wallace contended that the commission, which is headed by the Chief Justice, wrongly decided on January 3, 2003 to terminate her on the basis that the overall good of the smooth functioning of the Court was more important than weighing the merits and demerits of the conflict between her and Khan.  Wallace then went back to her job as Senior State Counsel in the Ministry of Finance. But Daly, who is representing the Commission, told Jamadar that the Commission’s decision in the interest of good administration did not mean Wallace’s reply to Khan’s recommendation to have her terminated was not considered by the Commission. “A fair and open-minded reading of the commission’s reasons,” Daly stated, “cannot be construed to mean that the commission did not act on the applicant’s (Wallace) reply.”

Daly, instructed by State Attorney Nadine Nabie, accused Wallace of casting serious aspersions on the integrity of a Commission which was well experienced and long-standing. “Too much mud has been flung against the Commission,” Daly said, “when the JLSC did everything possible to part the warring parties.” The Senior Counsel told Jamadar that the case was far from biased as Earth was far from Mars and that Wallace had not made out as much as a prima facie case of bias. Daly cited the recent Privy Council decision of Justice Crane and the JLSC to support his submission.