Judge sees merit in racism charge

A SAN FERNANDO High Court judge Friday declared that the racial imbalance of staff at diplomatic missions abroad, as alleged by Foreign Affairs Officer Feroza Ramjohn, bore merit in the woman’s challenge of Prime Minister Patrick Manning’s decision to revoke her appointment at the High Commission Office in London. The ruling by Justice Carlton Best on such a basis Friday was, however, strongly resisted by Senior Counsel Russell Martineau, who said racial imbalance was everywhere in society — in business and politics.

Justice Best was at the time, hearing a lawsuit filed by Ramjohn, challenging Manning’s June 4 decision to revoke her appointment. The Prime Minister had appointed Ramjohn on May 24. Ramjohn, 53, contends the revocation of her appointment was because of racial bias at the Ministry of Foreign Affairs. However, the Ministry countered this allegation with an affidavit and retained Martineau to represent Government for Friday’s hearing. Ramjohn’s appointment and subsequent revocation was made when the vacancy was created in the High Commission’s London office by the recent suspension of Diplomatic Officer Bissoon Budhai. Two Fridays ago, Ramjohn was granted leave by Justice Best to seek judicial review of the decision.

Martineau requested Justice Best in the Second Civil Court to set aside an injunction obtained by Ramjohn two Fridays ago. That injunction stayed the appointment of anyone to the post in the UK High Commission, pending hearing and determination of her case. Martineau submitted that the revocation impinges on the country’s national security. He asked the judge not to allow the court to intervene in decisions of the executive that affected national security concerns. However, Ramjohn’s attorney Anand Ramlogan countered that the court could not shut out a litigant from seeking justice by the State hiding behind the curtain of national security. Ramlogan agreed to a variation of the injunction, but Martineau insisted it should be discharged completely. Justice Best expressed reservations about deliberating on matters of national security and urged Martineau and Ramlogan to reach a compromise. When the case resumed 30 minutes later, Ramlogan agreed to a variation of the order — that the State make a temporary appointment to the post pending hearing/determination of Ramjohn’s lawsuit. 

Martineau stood his ground, however, suggesting that the case was not one for the court’s consideration but Justice Best agreed with Ramlogan that there was merit for Ramjohn to challenge her revocation on the basis of a subsidiary issue — racial discrimination. “She (Ramjohn) is of Asian origin. She is alleging there is an imbalance between people of Asian and African origin in the High Commission. “The court should not be debarred from looking at the circumstance in which the revocation of her appointment was made,” Justice Best said. Justice Best ordered that the staying of the appointment of any officer of the Ministry of Foreign Affairs, whether by way of transfer or promotion, be varied. The respondents (the State) will be allowed to make a temporary appointment, the judge also ordered, to fill the vacancy in the UK High Commission. The case was postponed to July 1.