Devant Maharaj wins judicial review case

DEVANT MAHARAJ, the marketing and public relations officer of the National Lotteries Control Board (NLCB), has won his judicial review case against the Statutory Authorities Service Commission (SASC) over the decision to appoint someone else to act as Deputy Director of the Board. In a 15-page judgment delivered yesterday, Madame Justice Mira Dean-Armorer, presiding in the Port-of-Spain High Court, quashed the decision of the commission to appoint Gemma Joseph to act as the Deputy Director of the Board instead of Maharaj.

The judge also ruled that the commission was not required to consult Prime Minister Patrick Manning or obtain his concurrence as a precondition to any appointment of any officer to hold or to act as Deputy Director of the NLCB. Justice Dean-Armorer ordered that the appointment of an officer to act in the post of Deputy Director of the Board must be remitted to the commission for its consideration in accordance with the findings of the court. The judge stated that in the event the commission decides to appoint an officer other than Maharaj, the commission must furnish reasons in writing to Maharaj within 14 days of the decision.

Maharaj had filed for judicial review of the decision of the SASC to deny and/or bypass him for the appointment of acting Deputy Director of the NLCB — a decision which was orally communicated to him on February 3, 2004. Dr Fenton Ramsahoye SC and Anand Ramlogan appeared for Maharaj, while Elton Prescott and Karlene Seenath represented the SASC. Douglas Mendes SC and Michael Quamina appeared for the NLCB. Manning, who was made a party to the proceedings, was also represented by counsel. Maharaj assumed the post of marketing and public relations officer of the Board on December 3, 1993. Owing to the suspension of the Deputy Director, a vacancy was created for an officer to act. Of the officers eligible, Maharaj was the most senior.

In a letter dated November 7 2002, Maharaj complained to the executive director of the SASC  of the commission’s failure to appoint him to act as Deputy Director of the NLCB. Maharaj was interviewed on March 25 2003 by the SASC. On February 3 this year, Maharaj was informed by the acting Director of the NLCB that the SASC had appointed Gemma Joseph to act as Deputy Director. Maharaj alleged that the chairman of the Board, Louis Lee Singh, had a personal vendetta against him on account of the statement made by the Sanatan Dharma, a religious association of which Maharaj is a member.

In support of his allegation of bias against Lee Singh, Maharaj alluded to the decision of the High Court, where there was a finding of unconstitutionality in the Government’s performance of Lee Singh’s radio broadcast. According to the SASC, it consults with the Prime Minister on appointments. Maharaj’s name was submitted, but it was withheld by the Prime Minister with no reason given. When Gemma Joseph’s name was submitted to the Prime Minister, formal approval was given on January 28, 2004.