Court rules against former gaming body accountant
SUPREME Court Judge Neville Clarke yesterday revoked Patrick Hall’s right to a judicial review of the circumstances under which he was fired from the Betting, Gaming and Lotteries Commission (BGLC), on the grounds that the relevant issues to be resolved were not issues of public law.
The judge’s decision, which he reserved on Wednesday, gave the gaming body the go-ahead to fill the post of chief accountant which Hall had held.
Hall was fired two months ago, after over 18 years of service with the commission, for allegedly authorising a number of inappropriate tax cuts.
His dismissal triggered protests by his colleagues who said that he was being made a scapegoat for actions which had been sanctioned by his bosses.
However, despite the dismissal, Hall went back to work almost immediately after his lawyer, Bert Samuels obtained an injunction from Supreme Court Judge David Pitter, who said he was to continue in the post, pending a resolution of the issue in the Judicial Review Court.
That injunction expired as a result of Justice Clarke’s ruling.
When the matter came up before Justice Clarke on Wednesday, the BGLC’ s lawyer, Dennis Morrison QC, asked him to throw the matter out on the grounds that the matter did not belong in the Judicial Review Court as it did not involve any issues of public law.
Rather, Morrison argued, Hall should have taken his case by way of a writ to the civil court .
Samuels countered Morrison’s argument with the opinion that his client’s case was in the right court as it was not a private claim, but a claim challenging the procedure leading to his dismissal.
Justice Clarke yesterday promised to put his reasons in writing at a later date.