Judge slams Prisons Services Commission over discrimination

A HIGH Court Judge has declared that the time has come for the courts in TT to reconsider whether persons suing the State against discrimination should prove that public authorities acted in bad faith. Justice Maureen Raj-nauth Lee ruled that the refusal of the Prison Ser-vices Commission (PSC) to promote a senior prison officer, smacks of discrimination and arbitrariness. Even though the commission admitted that seniority was the basis for promotion in the Prison Service, Rajnauth Lee stated in a 52-page judgment yesterday that it counted for very little when the time came for the commission to promote acting Assistant Supt of Prisons, Khimrajh Bissessar. The judge ruled that the commission acted unlawfully and ordered the State to compensate Bissessar financially. The judgment was delivered in the San Fernando High Court.

Six prison officers were promoted to the rank of ASP in 1995, but in a lawsuit argued before the judge, Bissessar contended that he was acting ASP before the six achieved their promotion. Rajnauth Lee stated that a serious accusation was made against Bisses-sar, but he was never told of it in writing. Attorney Anand Ramlogan argued the case for Bissessar, while the State was represented by Deputy Solici-tor General Carol Hernan-dez and senior State attorney Nadine Nabbie. Rajnauth Lee stated that a damaging and potentially harmful correspondence remained on  Bis-sessar’s file at the com-mission’s office without its members ever giving him an opportunity to respond “or to defend himself.” The judge commented that such an omission was contrary to the rules of natural justice and the spirit of the constitution in which public officials are protected from arbitrary interference by public bodies. Rajnauth Lee held that there was inconsistency in the appointments of persons to the rank of ASP as compared to similar promotions made at subsequent dates.

The judge noted that deputy director of personnel administration, Ms Roseman, admitted that seniority and qualification were two factors for promotion. Rajnauth Lee stated, “The court notes  with disapproval the inconsistency of approach between these appointments and the appointments to the post of ASP in February 1995.” She said seniority appeared to be the most significant factor in the promotion of other officers, but counted for very little in the applicant’s (Bissessar) claim for promotion for the post of ASP. The judge ended by stating that having regard to the trend towards transparency in public affairs and by public officials throughout the democratic world, it would now be appropriate for the courts in Trinidad and Tobago to reconsider the requirement of the proof of “mala fides” (bad faith) in cases of  unequal treatment. The general practice for judges to accept that State authorities discriminated against citizens, is for the citizen to prove that “mala fides” was intended. This is normally difficult to prove in a court of law.