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Golding's PSC appeal postponed

Tuesday, February 12, 2008

THE hearing into Prime Minister Bruce Golding's appeals against two Supreme Court orders obtained by Opposition Leader Portia Simpson Miller over his decision to fire the previous five Public Service Commission (PSC) members on grounds of misbehaviour was adjourned last week.

Simpson Miller's legal team had asked for the adjournment after advising the court last Monday that it was not informed in due time of the hearing date. The matter will again be heard on March 3.

Golding had in January filed separate appeals against the court's granting of a judicial review into his decision to dismiss the PSC members last December on grounds of misbehaviour, and a ruling by justice Donald McIntosh on January 10 that allowed lawyers for Simpson Miller a 14-day extension to file papers for the judicial review hearing.

The Prime Minister had said in papers filed with the appeal court that McIntosh's January ruling was contrary to Rule 56.4 (12) of the Civil Procedure Rules 2002, which says Fix Date Claim Forms for a judicial review should be filed within 14 days of the granting of leave.

He said further that the opposition leader should have reapplied for a judicial review hearing in accordance with the Practice Direction issued on May 30, 2006, once her original 14 days had expired.

Regarding the December 13 order allowing the judicial review, Golding said, in part, that Justice Kay Beckford was wrong in law for granting Simpson Miller's request for a judicial review hearing as "there was no evidence in support of the main complaint upon which the application was made" - that he did not afford the PSC members a fair hearing or an opportunity to be heard before the dismissals.

Simpson Miller had last December taken legal action to prevent Golding from firing the PSC members after he informed her of his decision to dismiss the members on grounds of misbehaviour. New PSC members have since been appointed.

The fired PSC members, except for Dr Alfred Sangster, have filed a joint suit against Golding.


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