Judgment reserved in Alleyne vs Govt

Justice David Myers indicated yesterday that he is reserving judgment in the  judicial review proceeding brought by former chairman of the Unit Trust Corporation (UTC) Hubert Alleyne, against a decision by Government to sack him as chairman. Alleyne has named Prime Minister Patrick Manning in his capacity as Minister of Finance, Senator Conrad Enill, Minister in the Ministry of Finance, and the Attorney General, as defendants in the matter. He is asking the court to interpret the UTC’ Act, especially chapter 83:03. He is claiming that Government has no power to fire him as was done. He  does not want any monetary damages, but only to “clear” his name.

In his written rebuttal to submissions made by Jamaican Dr Lloyd Barnett, attorney for the AG, and the PM’s attorney Michael Quamina, Alleyne’s attorney Dr Claud Denbow SC stated that the defendants did not focus on the interpretation of the provisions of the UTC Act. Instead, the main points raised were that Alleyne had no locus standi to bring the proceedings and that the questions raised for judicial determination were not supported by any factual foundation and hence, they were academic and hypothetical. Denbow said that in view of the foregoing approach taken by the defendants, he submits that once Alleyne in his reply overcomes the two objectives set out, then it would appear that the defendants have implicitly conceded that as a matter of law — the interpretation placed by Alleyne on the UTC Act is unimpeachable and should prevail.

Denbow’s contention was that Alleyne had a fixed term of office for four years which cannot be revoked. The appointment is made by the President on the recommendation of the Governor of the Central Bank. He forcefully argued that the Minister of Finance or Cabinet cannot recommend the revocation of such an appointment to the President, which in this case, he said,  is what happened. He argued that if the President is given illegal advice and acts on it, then that action is subject to judicial review. Attorneys for the three parties are expected to submit and  lodge with the court copies of their skeleton arguments outlining their respective cases before June 18. Justice Myers will give his judgment after this.