JUDGE KNOCKS PSC

Justice Mira Dean-Armorer knocked the  Public Service Commission (PSC) Wednesday for the “scant regard” and “discourtesy”  it has shown to her court, firstly by writing the Registrar of the Supreme Court asking her (Justice Dean-Armorer) to adjourn a matter and secondly by failing to have counsel appear on their behalf in court.

Justice Dean-Armorer was dealing with an application by six prison officers for  judicial review of the failure of the Prison Commissioner and/or the PSC to promote them. The PSC had written to the Registrar asking that the judge be informed that they wanted to retain their own attorney in the matter following discovery of  a conflict  in the matter between them and Commissioner of  Prisons, Leo Abraham. In Abraham’s affidavit, he indicated that he had recommended the six prison officers who were now seeking judicial review for promotion to the rank of Prison Officer II, but they were not promoted by the PSC. As a result of Abraham’s  affidavit, the PSC by letter dated May 6, 2003, had written to the Registrar indicating that it was informed by the Solicitor General on April 30, 2003, that there was a conflict in the written instructions received from Abraham and the instructions of H Gomez  of the PSC. In light of this conflict, the PSC said it had decided to retain independent counsel. Usually when any legal action is taken against the State or any of its arm, the Attorney General is named as the respondent and legal representation comes from the State’s legal departments, as was the case in this matter.

In the letter, the PSC also  sought an adjournment of the matter which was listed for mention yesterday  and asked that their request be conveyed to the judge. When the matter came up yesterday, Justice Dean-Armorer noted that it was wrong for the PSC to seek an adjournment that way. Further, she noted that the attorney for the PSC failed to even appear in court. She said: “That conduct is  not good enough. That’s not how the court conducts its business. The PSC should have sent somebody today. They have not shown any courtesy to the Court. This Court must not be treated with such scant regard.” Justice Dean Armorer then asked State attorney Rishma Sharma if she was willing to appear amicus (as a friend of the Court) on behalf of the PSC and “carry to them my disappointment.” Attorney Sanjiv Lalla, from the Chief State Solicitor department, who initially was representing both the Commissioner of  Prisons and the PSC, in response to the Court  indicated that in light of what the PSC has said, he will now only be representing the Commissioner of Prisons. Attorney Anand Ramlogan, who represents the officers, objected to the PSC wanting to have independent counsel in the matter. The six officers are  Charles Vernon Frederick, Mookish Pulliah, Shamshudeen Mohammed, Adrian Pascall, Wilbert Lovell and Kundan Nancoo The matter was adjourned to September.