Furlonge wins against Health PS

MPATT president Dr Colin Furlonge, who was bypassed for promotion on two occasions, won his judicial review case yesterday against the man who made the recommendations — Hamid O’Brien, Permanent Secretary, Ministry of Health.

Dr Furlonge had been bypassed when the time came to fill the posts of acting Medical Chief of Staff at the Port-of-Spain and San Fernando General Hospitals. Justice Peter Jamadar, presiding in the Port-of-Spain First Civil Court, said O’Brien’s recommendation that Dr David Sosa act as Medical Chief of Staff at the Port-of-Spain General Hospital from July 1 to 30, 2003, was illegal, ultra vires and contrary to the provisions of the Public Service Commission Regulations.

Justice Jamadar said the decision of the Permanent Secretary to bypass Dr Furlonge in making the recommendation was also illegal and ultra vires. The judge also ruled that O’Brien acted illegally, procedurally improperly and contrary to the provisions of the Commission regulations by failing to inform Dr Furlonge of his recommendations and reasons within a reasonable time so as to allow him to be heard. The judge also ordered the Permanent Secretary to pay costs fit for two counsel.  Fyard Hosein SC, Rishi Dass and Ravi Heffes-Doon appeared for Dr Furlonge, while Krishendeo Narinesingh and Mala Rampersad represented the Permanent Secretary.

In his 19-page judgment, Justice Jamadar pointed out that Dr Furlonge felt aggrieved by O’Brien’s approach. He said the MPATT president felt he was a victim of prejudicial treatment. He said Dr Furlonge, through his attorneys, took every step to bring this to the attention of the Permanent Secretary, but to no avail. The judge added, “It is hoped that there will be proper compliance with the provisions of the Public Service Commission Regulations in the future. Such compliance is necessary if there is to be public confidence in the Public Service and the Public Service Commission. “Failure to do so invariably results in a warranted suspicion of arbitrariness, discrimination, bias, partiality, and even political interference.

This is especially so in a small ‘rumourmongering’ society like Trinidad and Tobago, where divisions along ethnic and political lines are often determinative of the perception of reality.” In May 2003, the Medical Chief of Staff, San Fernando General Hospital (Range 66) went on leave in excess of 28 days. Dr Anand Chattergoon (Range 64) was appointed to act in the post, although Furlonge (Range 65) was more senior.  Furlonge was never notified.

On June 9, 2003, Dr Furlonge received notification from O’Brien that an acting appointment for the post of Medical Chief of Staff, Port-of-Spain, for the period July 1 to 30, 2003 had to be made. The memo invited Dr Furlonge to indicate whether he was interested in the acting appointment. Dr Furlonge indicated that he was interested. But he never received a reply. By memo dated July 1, 2003, Dr David Sosa (Range 64) was notified that O’Brien had recommended him to act as Medical Chief of Staff at the Port-of-Spain General Hospital.

Seven days later, O’Brien acknowledged Dr Furlonge’s letter accepting the acting appointment. Yesterday, Dr Furlonge said the Public Service must serve the public and serve good governance, not the individual minister or a prime minister.

“The learned judge has clearly ruled that promotions must be based on reasons which are objective and solid, and should not be misinformed, biased or frivolous and subject to the whims and fancy of Permanent Secretaries or heads of departments,” Dr Furlonge added.