Latest update April 25th, 2024 12:59 AM
Mar 17, 2009 News
The state yesterday requested further leave for the Judicial Service Commission (JSC) to file an affidavit in response to the court action mounted by Supreme Court Registrar Sita Ramlal, after the Commission called upon her to answer to several alleged breaches of discipline.
The request was granted by Justice Roxanne George-Wiltshire, and the JSC is to file the affidavit within 14 days. Costs in the sum of $15,000 were awarded to the applicant.
The matter has been adjourned to April 6.
Sita Ramlal filed a court action against the JSC in January, after she was called upon to answer to several alleged breaches of discipline.
Justice Roxanne George-Wiltshire had heard submissions by Ramlal’s legal team, and had rendered an order calling on the JSC and its members to show cause why its decision should not be quashed.
The JSC was seeking answers to Ramlal’s alleged unauthorised leave for approximately 33 days from May 9, 2008 to June 10, 2008; her failure to report her resumption of duty to the acting Chancellor of the Judiciary thereafter; and her unauthorised departure from Guyana and absence therefrom for the period September 15, 2008 to September 25, 2008, and November 24, 2008 to December 5, 2008.
The Judge also rendered an order or rule nisi of Prohibition directed to the JSC and its members to show cause why it should not be prohibited from proceeding, or further proceeding, with a disciplinary hearing into the said allegations of breach of discipline against Ramlal.
These orders were sought on the grounds that the said decision and hearing would be unlawful, ultra vires or in excess of its jurisdiction in breach of the rules of natural justice, null and void, and of no legal effect.
Ramlal’s affidavit in support of the motion explained why she had been on leave at the said times.
She is being represented by Messrs. Rex H. McKay, S.C., Keith Massiah, S.C., Miles Fitzpatrick, S.C., Sase Narain, S.C., and Stephen Fraser.
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