Judge: Industrial Court officers to answer ‘serious’ charges

Three members of the Industrial Court have been advised by a High Court Judge to answer allegations made against them by a former Registrar of the Industrial Court.

Sitting in the San Fernando Civil Court yesterday, Justice Peter Jamadar ordered that three Industrial Court officials —President Addison Khan, Vice President Gladys Gafoor and Herbert Soverall —all be served with affidavits sworn by former Registrar Marilin Sammy-Wallace. He described allegations made against the three, as well as against the Judicial and Legal Services Commission, JLSC, as “serious ones” that needed to be answered. Justice Jamadar also removed the Attorney General as a party to the proceedings, and instead included the JLSC, which was not originally named in Sammy-Wallace’s writ.

Former Industrial Court Registrar, Sammy-Wallace, last year challenged certain expenditures by court officers, including money for entertainment and plane tickets. In an 18-page affidavit, Sammy-Wallace also stated that on July 2, 2002, she objected to a chauffeur allowance that was being paid to  a certain officer. After acting as the court’s registrar, Sammy-Wallace was removed by the Judicial and Legal Services Commission based on a performance report to the commission, prepared by the President of the Industrial Court, Addison Khan.

Yesterday, Justice Peter Jamadar granted leave for Sammy-Wallace to seek judicial review of the commission’s decision.  In granting leave, the judge, presiding in the San Fernando First Civil Court, described the case as one which impacted directly on the efficient functioning of the Industrial Court. Addressing the applicant’s attorney Khemraj Harrikissoon, and counsel for the Attorney General, Nadine Nabbie, Justice Jamadar said that the allegations were serious and should be answered. At this point, attorney Ravi Rajcoomar announced his appearance on behalf of officers Khan, Gladys Gafoor and Herbert Soverall.

Yesterday, the State offered no objection to leave being granted for the substantive matter to be heard, but Justice Jamadar took issue with the Attorney General being a party to the action. Following written legal submissions by both sides, Justice Jamadar struck out the AG as the respondent. Instead, the judge ordered that the commission be made a respondent. He ordered that Sammy-Wallace’s affidavit and documents be served on the Industrial Court officers, as well as on the commission. The judge further ordered that the President of the Industrial Court, its Vice President and Soverall, indicate by May 25 any intention to make an application in the proceedings.

Justice Jamadar refused a request for the case to be transferred to Port-of-Spain, and fixed hearing before him in the San Fernando High Court, tentatively between July 21 and 31. Yesterday, Justice Jamadar ordered that the commission’s affidavits must be filed by May 21. The judge fixed a status hearing of the case before him on May 26 in the Hall of Justice, to determine any oustanding matters before the trial gets started.