Judge to rule on whether or not JLSC members to give evidence

JUSTICE Peter Jamadar will decide next Monday whether or not he will call on members of the Judicial and Legal Services Commission (JLSC) to give evidence in the case filed by former Industrial Court registrar Marilin Wallace, against the commission. Wallace is contending that the commission cancelled her appointment because she objected to expenses claimed by certain judges of the Industrial Court. She is seeking judicial review of the JLSC’s decision and yesterday her attorney Khemraj Harrikissoon sought to have Justice Jamadar strike out the evidence on affidavit. The affidavits were filed by Michael Mahabir, director of personnel administration and Cheryl May, secretary to the JLSC. Martin Daly SC, instructed by State Attorney Nadine Nabbie, represented the JLSC. Harrikissoon submitted to Justice Jamadar, presiding in the San Fernando First Civil Court, that four paragraphs of Mahabir’s affidavit ought to be struck out because they were hearsay and opinionated evidence.

In paragraph 33, Mahabir stated that the JLSC did not take into account irrelevant or prejudicial matters and properly addressed its mind to the issue of Wallace’s probationary appointment. May contended in her affidavit, that to the best of her knowledge, the commission did not take into account irrelevant matters. Harrikissoon submitted to Justice Jamadar that the members of the commission were the only persons to give such evidence. He said the law was clear on how the court deals with accepting secondary, as against primary evidence. Daly replied that Mahabir and May were in possession of the records and minutes and were therefore in a position to swear to the affidavit. Justice Jamadar announced that he will give a written judgement on the issue. If he accepts submissions on behalf of Wallace, members of the JLSC, of which Chief Justice Sat Sharma is chairman, may be called upon to depose the evidence on affidavit.