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PM appeals judicial review in PSC case

Saturday, January 19, 2008

PRIME Minister Bruce Golding has appealed the court's decision to grant a judicial review into the firing of the five members of the Public Service Commission (PSC).

On Wednesday, the prime minister also filed an appeal against the ruling by Justice Donald McIntosh, on January 10, which gave Opposition Leader Portia Simpson Miller a 14-day extension to file papers for a judicial review hearing into the firing of the PSC members.

Golding said in court documents that Justice McIntosh's 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 in accordance with the Practice Direction issued on May 30, 2006, once her original 14 days had expired.

Regarding the December 13 order, 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.


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