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Tuesday, 04 March 2008
Prime Minister Bruce Golding has won the first round in his legal battle with opposition leader Portia Simpson Miller over the dismissal of former members of the Public Service Commission (PSC).
The appeal court on Tuesday morning agreed with Mr. Golding's position that the Supreme Court should not have granted Mrs. Simpson Miller leave to have apply for a judicial review.
In allowing the appeal, a three member panel of judges headed by President of the Court of Appeal, Justice Seymour Panton said it would give its reasons in writing at a later date.
In the appeal, which started Monday, lawyers for Mr. Golding argued that the Supreme Court was wrong in granting judicial review to Mrs. Simpson Miller.
They argued that there was no evidence to support her application for the review to challenge Mr. Golding's decision to fire the former members of the PSC.
They also argued that for the court to grant leave for judicial review Mrs. Simpson Miller would have to establish arguable evidence before the court.
Mrs. Simpson Miller went to Court last December after the Governor General issued letters to individual members of the PSC relieving them of their positions.
The PSC members were fired for alleged misconduct.
But lawyers for Mrs. Simpson Miller claimed the Prime Minister fired the members because they refused to change their recommendation for Professor Stephen Vasciannie to be appointed Solicitor General.
Four of the former members have since filed a lawsuit against the Prime Minister challenging his decision to fire them.
Prime Minister Bruce Golding has won the first round in his legal battle with opposition leader Portia Simpson Miller over the dismissal of former members of the Public Service Commission (PSC).
The appeal court on Tuesday morning agreed with Mr. Golding's position that the Supreme Court should not have granted Mrs. Simpson Miller leave to have apply for a judicial review.
In allowing the appeal, a three member panel of judges headed by President of the Court of Appeal, Justice Seymour Panton said it would give its reasons in writing at a later date.
In the appeal, which started Monday, lawyers for Mr. Golding argued that the Supreme Court was wrong in granting judicial review to Mrs. Simpson Miller.
They argued that there was no evidence to support her application for the review to challenge Mr. Golding's decision to fire the former members of the PSC.
They also argued that for the court to grant leave for judicial review Mrs. Simpson Miller would have to establish arguable evidence before the court.
Mrs. Simpson Miller went to Court last December after the Governor General issued letters to individual members of the PSC relieving them of their positions.
The PSC members were fired for alleged misconduct.
But lawyers for Mrs. Simpson Miller claimed the Prime Minister fired the members because they refused to change their recommendation for Professor Stephen Vasciannie to be appointed Solicitor General.
Four of the former members have since filed a lawsuit against the Prime Minister challenging his decision to fire them.