THE Court of Appeal has overturned last March’s decision by the Supreme Court to dismiss the lawsuit brought by acting principal of Jamaica College, Wayne Robinson, against former president of Jamaica College Old Boys’ Association (JCOBA) Major Basil Jarrett.

In a ruling handed down on Thursday, the Appeal Court said the matter should go back to the Supreme Court for trial.

Jarrett had been accused of failing to provide a proper account of money raised from the sale of uniforms by JCOBA in the case originally filed by Robinson in his personal capacity.

Jarrett had, however, countered the lawsuit, describing it as a vindictive move aimed at punishing him for his opposition to the JC board’s decision to retain former Principal Ruel Reid.

Jarrett’s defence labelled the case as frivolous, malicious, and an abuse of the court process, pointing out that an independent audit of JCOBA’s financials showed no evidence of missing funds. Jarrett had also argued that Robinson lacked the standing to file the lawsuit in his personal capacity and contended that even if there had been a valid case, the actions in question were undertaken by JCOBA, not by him personally.

On March 8 last year Supreme Court Justice Opal Smith agreed with Jarrett and dismissed the matter, but Robinson filed an appeal, asserting that the case’s dismissal was unwarranted, given that Jarrett had not accounted for the financial details related to the uniforms.

In response, Jarrett’s attorneys reiterated their defence, pointing to the independent audit and presenting hundreds of receipts and invoices to refute Robinson’s allegations.

On Thursday, Justice Georgiana Fraser, in overturning the Supreme Court’s ruling and ordering that the matter be tried, reportedly said whether or not Robinson had standing, the matter should be tried rather than dismissed.

In welcoming the Appeal Court’s ruling, chairman of the school’s board of management Lance Hylton, in a media release, said the matter is one which should be tried by a court.

“This case is… about a school’s fundamental right to its property… Nothing in our lawsuit accused Mr Jarrett of theft or demanded audited accounts. We simply ask that the court uphold our right to call on him, and anyone else in that position, to give us an account as to what became of the money from the uniforms he sold on behalf of the school,” Hylton said.

“This is not a matter that we can simply let slide away as the signal to all the persons who raise money in the name of Jamaica College would be potentially devastating,” added Hylton.

The Appeal Court said a written judgment would be delivered next week. Jarrett was represented by attorney Walter Scott, King’s Counsel, while Robinson was represented by Michael Hylton, King’s Counsel.