Judge slams CDS for not responding to soldier’s lawsuit

CHIEF OF Defence Staff (CDS) Ancil Antoine was criticised by a High Court Judge and the Assistant Solicitor General yesterday for disobeying an order of the High Court.

Madame Justice Amrika Tiwary-Reddy, who is presiding in a lawsuit brought by a soldier, noted that the CDS had refused to comply, so “the court will do what it has to do.” The judge’s comment was prompted by the apparent refusal by military authorities to comply with a court order made seven years ago for Cpl Russell Joseph to be reinstated back into full service. She noted that the CDS refused to respond to a judicial review filed by Joseph which came up for hearing yesterday.  Assistant State Solicitor Krishendeo Narinesingh told Madame Justice Tiwary-Reddy:“This is a sad state of affairs. We cannot be running like little boys seeking instructions.”

Joseph, of Guaico Tamana Road, Sangre Grande, was discharged from the Army in 1996. In 1997, he won a constitutional motion in which Justice Gregory Smith ordered his reinstatement. However, seven years later, Joseph has not been reinstated. He has filed judicial review proceedings seeking an explanation from the CDS of his refusal to act. The lawsuit was argued by Anand Ramlogan and on January 26 Justice Carlton Best granted Joseph leave. Yesterday was the date set for the trial.

However, when the case was called it was revealed that the State was yet to even respond to the documents filed.   Ramlogan complained to Madame Justice Tiwary-Reddy that the lawsuit was in limbo. “Joseph is yet to be promoted despite an order of a judge. Worse yet, the CDS refuses to respond to even this man’s second action. “Is the CDS too big to obey an order of the court?” Ramlogan asked.  The judge ordered that the CDS respond to the lawsuit within 14 days.