Judge to rule on dismissal of Registrar

JUSTICE Peter Jamadar will this week deliver an important judgment on a lawsuit filed by fired acting Registrar of the Industrial Court (IC) Marilin Wallace, against the Judicial and Legal Service Commission (JLSC). Justice Jamadar heard two days of legal arguments last Wednesday and Thursday in the San Fernando First Civil Court, on whether or not the commission acted properly on advice from president of the IC, Addison Khan, in terminating Wallace’s one-year probationary appointment as acting Registrar in January this year.  Chief Justice Sat Sharma is chairman of the commission.

Wallace is contending that Khan and by extension, the commission, was bias against her because she challenged certain requests for payments of “chauffeur allowances” and other “expenses” made by certain judges of the court. Wallace sought judicial review of the commission’s decision in which she listed the payments’ request and cited the legal basis upon which she refused to approve the payments. The case hinges on whether the JLSC acted fairly in considering Khan’s recommendation and Wallace’s reply to it. The minutes of that JLSC’s meeting on January 10, 2003, in which members of the commission discussed Khan’s recommendation and Wallace’s reply, was tendered as evidence by Senior Counsel Martin Daly, representing the commission. Wallace’s case was argued by attorney Khemraj Harrikissoon.

Read to the judge, the minutes stated in part that the CJ decided there were serious conflicts between Wallace and Khan on accounting and auditing matters. The minutes quoted the CJ as saying: “It was crucial that one of the persons had to go.” Wallace being an officer on probation, the minutes went on to state, the proper decision should be that “she” ought to be reverted to her substantive position (Senior State Counsel). The minutes stated: “The Chief Justice observed that from the beginning, the conflict in this matter had been characterised by acrimony and bitterness with harsh remarks exchanged on both sides (Khan/Wallace).” The minutes were prepared by secretary to the commission who wrote:  “He (CJ) went on to state that it was clear that one of the persons must go, however unpalatable or unsavoury such a decision might be, as both persons could not function together having regard to the sharp conflict and acrimony that now prevailed.”

The minutes continued: “The Chief Justice added that it could be noted that the issues were divided between accounting and auditing matters. The Chief Justice stated that the ‘bottom-line’ was that the institution was a vital institution in society and played a fundamental role in industrial relations of the country. The court (IC) must function and it was clear that having regard to the role of the parties (Wallace/Khan), it would not be able to function.” The minutes then stated: “In those circumstances, it was crucial that one of the persons had to go and the officer, being an officer on probation, the proper decision should be that she ought to be reverted to her substantive post.” After closing arguments on Thursday, Justice Jamadar said he would deliver a written ruling by the end of this week. Wallace, an attorney, who now works in the Ministry of Finance as a State Attorney, attended the hearings.