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Chief Justice quashes motion to demote Queen’s College HM

Mar 08, 2011 News

Chief Justice Ian Chang yesterday ruled in favour of Queen’s College head teacher Freidel Isaacs , who was demoted following the shocking murder of student Nessa Gopaul, back in September last year.
The head teacher had gone to court asking for the Ministry of Education, to overturn the decision.
The official was among several blamed for a breakdown in the system following the murder of Gopaul whose decomposing body was found by visitors to the area.
It was in a suitcase at a creek on the highway.
The 16-year-old student’s mother, Bibi Gopaul and the mother’s boyfriend, Jarvis Small, have been charged in the matter which shocked the nation and saw a number of social workers fired and disciplined.
Yesterday the Chief Justice said that since it is the finding of the court that consistent with demands of procedural fairness, the principles of natural justice dictated that the Minister informs the head teacher of the adverse findings made by the investigating team.
Furthermore in doing so, she would have been afforded a fair chance of being heard before the Minister exercised his statutory discretion as to her removal from the office as principal.
The court ordered that the Rule Nisi of Certiorari which was made on December 10, 2010 be made absolute.
The decision by the Minister to terminate her tenure as principal was also quashed.
She is to be given her full benefits and rights as Head Teacher. She was also awarded $40,000 cost.
In her application for Writs of Certiorari and Mandamus, Isaacs had directed the Minister of Education, to quash his decision which was contained in a letter dated October 29, 2010, and signed by the Permanent Secretary, Ministry of Education, terminating her tenure as head of Queen’s College with immediate effect.
Isaacs, through her lawyers, Anil Nandlall, Euclin Gomes and Manoj Narayan, said that the decision is contrary to the rules of natural justice, in excess of and without jurisdiction, “arbitrary, capricious, unreasonable, unlawful, influenced by extraneous and irrelevant considerations, null, void and of no effect.”
According to Isaacs, in her affidavit in support of case, she has been a teacher for 38 years, teaching at 11 schools moving up the ranks to the position of Head Teacher of Queen’s College. She retired on November 1, 2010.
Neesa Gopaul went missing on September 23, last, and a report was made at the Leonora Police Station by her mother two days later.
The girl’s body was found at the Emerald Towers Resort, on the Highway on October 2, last, in a large suitcase that was dumped into the Madewini Creek.
Certain articles found in the suitcase, led to the two defendants being arrested and charged with murder.

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