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PSC members dismissed before opposition leader able to file
FIRED!
PSC members dismissed before opposition leader able to file injunction
PAUL HENRY, Observer staff reporter
henryp@jamaicaobserver.com
Friday, December 14, 2007
Four of the five PSC members, from left: Edwin Jones, Daisy Coke, Alfred Sangster and Michael Fennell.
The five members of the Public Service Commission (PSC) were early yesterday morning cashiered on the instruction of Prime Minister Bruce Golding in a move that pre-empted a scheduled mid-morning court action by Opposition Leader Portia Simpson Miller to prevent the dismissals.
Both King's House and Jamaica House confirmed through separate press releases yesterday that the members - Daisy Coke, Michael Fennell, Edwin Jones, Pauline Findlay, and Alfred Sangster - were issued letters of termination by Governor-General Sir Kenneth Hall.
King's House yesterday said that the "instruments of revocation" were issued by the G-G on Wednesday, a day before being sent to the PSC members. The members were dismissed before 9:00 am yesterday, the release added.
Golding had on Wednesday given the governor-general written instructions to revoke the appointments of the members for reasons of misbehaviour pursuant to Section 124. 5 (d) of the constitution, following media reports that Simpson Miller would be seeking an injunction to prevent him from issuing the directive.
Simpson Miller's legal team was yesterday successful in obtaining the injunction from the Supreme Court, but it came too late. The lawyers were also granted leave to apply for a judicial review of Golding's decision to dismiss the members.
The first hearing is scheduled for January 10, 2008. The order concerning the judicial review should not be affected by the dismissals.
Bert Samuels, one of lawyers representing Simpson Miller, told the Observer yesterday that the legal team would now be weighing its option of seeking an injunction preventing the appointment of new members to the PSC.
Jamaica House said yesterday in its press release that the prime minister would shortly be consulting with Simpson Miller on the appointment of new members in accordance with the constitution.
The release quoted the prime minister as saying that his decision to dismiss the members had "become necessary" because of the "persistent misconduct and unlawful behaviour of the commission in carrying out its function".
Golding said that the "blatant disregard for procedural fairness and natural justice demonstrated by the commission was the subject of scathing comments by the Supreme Court earlier this year" and that the members should have done the "honourable thing and tendered their resignation".
The case to which Golding referred is that of the PSC's dismissal of acting deputy solicitor-general Lackston Robinson from his post "in the interest of the public" and its failure to reinstate him as ordered by the Supreme Court earlier this year. The commission instead transferred Robinson to the Tax Administration Services Department as deputy commissioner, a decision for which Robinson is now seeking a judicial review.
Further compounding the matter is the commission's decision to recommend Dr Stephen Vasciannie as the new solicitor-general.
". There have been instances in which the commission has taken decisions on matters in which one or more of its members were in the position of connected persons without recusing themselves or declaring interest," Jamaica House said.
Simpson Miller had on Wednesday filed suit against Golding accusing him of "unreasonable exercise of power", and "procedural unfairness" in that he failed to give prior notice of his finding of misbehaviour to the PSC members and his failure in giving them an opportunity to be heard before coming to his finding of misbehaviour.
She further charged that the prime minister, by his action, had "breached the rules of natural justice".
PSC members dismissed before opposition leader able to file injunction
PAUL HENRY, Observer staff reporter
henryp@jamaicaobserver.com
Friday, December 14, 2007
Four of the five PSC members, from left: Edwin Jones, Daisy Coke, Alfred Sangster and Michael Fennell.
The five members of the Public Service Commission (PSC) were early yesterday morning cashiered on the instruction of Prime Minister Bruce Golding in a move that pre-empted a scheduled mid-morning court action by Opposition Leader Portia Simpson Miller to prevent the dismissals.
Both King's House and Jamaica House confirmed through separate press releases yesterday that the members - Daisy Coke, Michael Fennell, Edwin Jones, Pauline Findlay, and Alfred Sangster - were issued letters of termination by Governor-General Sir Kenneth Hall.
King's House yesterday said that the "instruments of revocation" were issued by the G-G on Wednesday, a day before being sent to the PSC members. The members were dismissed before 9:00 am yesterday, the release added.
Golding had on Wednesday given the governor-general written instructions to revoke the appointments of the members for reasons of misbehaviour pursuant to Section 124. 5 (d) of the constitution, following media reports that Simpson Miller would be seeking an injunction to prevent him from issuing the directive.
Simpson Miller's legal team was yesterday successful in obtaining the injunction from the Supreme Court, but it came too late. The lawyers were also granted leave to apply for a judicial review of Golding's decision to dismiss the members.
The first hearing is scheduled for January 10, 2008. The order concerning the judicial review should not be affected by the dismissals.
Bert Samuels, one of lawyers representing Simpson Miller, told the Observer yesterday that the legal team would now be weighing its option of seeking an injunction preventing the appointment of new members to the PSC.
Jamaica House said yesterday in its press release that the prime minister would shortly be consulting with Simpson Miller on the appointment of new members in accordance with the constitution.
The release quoted the prime minister as saying that his decision to dismiss the members had "become necessary" because of the "persistent misconduct and unlawful behaviour of the commission in carrying out its function".
Golding said that the "blatant disregard for procedural fairness and natural justice demonstrated by the commission was the subject of scathing comments by the Supreme Court earlier this year" and that the members should have done the "honourable thing and tendered their resignation".
The case to which Golding referred is that of the PSC's dismissal of acting deputy solicitor-general Lackston Robinson from his post "in the interest of the public" and its failure to reinstate him as ordered by the Supreme Court earlier this year. The commission instead transferred Robinson to the Tax Administration Services Department as deputy commissioner, a decision for which Robinson is now seeking a judicial review.
Further compounding the matter is the commission's decision to recommend Dr Stephen Vasciannie as the new solicitor-general.
". There have been instances in which the commission has taken decisions on matters in which one or more of its members were in the position of connected persons without recusing themselves or declaring interest," Jamaica House said.
Simpson Miller had on Wednesday filed suit against Golding accusing him of "unreasonable exercise of power", and "procedural unfairness" in that he failed to give prior notice of his finding of misbehaviour to the PSC members and his failure in giving them an opportunity to be heard before coming to his finding of misbehaviour.
She further charged that the prime minister, by his action, had "breached the rules of natural justice".
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