SASC judicial review case

ACTING director of the National Lotteries Control Board (NLCB), Phyllis Borde, was yesterday ordered by a high court judge to produce confidential reports in court on Thursday.

The reports are needed for the hearing in a judicial review case filed against the Statutory Au-thorities Services Commission (SASC).

Justice James Aboud made the order yesterday after senior counsel Hendrickson Seunath alleged the chairman of the National Lotteries Control Board (NLCB), Louis Lee Sing, had been in collusion with the SASC.

Seunath is representing the former NLCB’s deputy director Carmel Smith who, in a judicial review application, is challenging the SASC’s decision to suspend her without filing disciplinary action against her.

Smith was suspended in August 2002.

She filed the lawsuit in 2004, 17 months after she was suspended with pay.

Smith, in an affidavit, stated she believed her suspension was orchestrated by Lee Sing for political reasons and was an act of political victimisation.

Smith was suspended via a letter dated September 2, 2002. The suspension was made retroactive to August 5, 2002.

Investigations into alleged misconduct by Smith in public office began on September 30, 2002.

Smith stated that on November 25, 2002, she was informed, the misconduct referred to, in a letter to her involved the lease of a car for her use.

At the start of the trial yesterday in the San Fernando Civil Court, Seunath, instructed by attorney Anand Ramlogan, told Aboud he has to rely on extracts from re-ports in which the SASC is basing its charges against Smith. Seunath accused the SASC of hiding information contained in the reports.

Senior counsel Douglas Mendes, who is representing the SASC, replied that he attempted to get the reports from the NLCB but was told by the board’s attorney that they were confidential. Mendes added there was no evidence the SASC received any other information other than the extracts.

Insisting there was evidence, Seunath said the SASC would not have known Smith was on extended vacation leave effective August 5, 2002, unless they were told by Lee Sing.

After hearing Seunath’s submissions, Aboud ruled there was no evidence of collusion.

Seunath then asked the judge to have the NLCB produce certain documents to the court.

Aboud granted the request and made an order for Borde and her attorney to attend court on Thursday at 1.30 pm.

They were ordered to bring with them complete copies of two reports, which refer to a letter dated August 2, 2002, from Lee Sing to Smith.