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Deputy Solicitor General wrongful dismissal case against AG… State wants uncle to recuse himself from hearing matter
Minister of Legal Affairs, Attorney General Basil Williams, and former Deputy Solicitor General, Prithima Kissoon.
The State is moving to have former Justice of Appeal, Nandram Kissoon, recuse himself from hearing a matter involving his niece, Prithima Kissoon, the former Deputy Solicitor General.
The former Appeals judge is the Chairman of the Public Service Appellate Tribunal (PSAT).
That tribunal on Wednesday, April, 2018 heard the application filed by the younger Kissoon, on the March 7, 2018. She alleged that she was wrongfully terminated by the Public Service Commission in breach of her right to a fair hearing and rules of natural justice.
According to the Attorney General Chambers/Ministry of Legal Affairs, the former Appeals judge presided over the proceedings.
According to the AG Chambers, adapting the old adage “not only must Justice be
Chairman of the Public Service Appellate Tribunal (PSAT), Nandram Kissoon.
done but it must manifestly and undoubtedly be seen to be done”, Oneka Archer-Caulder and Judy Stuart-Adonis, representing the State made an application that the Chairman, who is the uncle of the woman, recuse himself on the grounds of bias.
“Mr. Kissoon who acknowledged that he is indeed the uncle of the Appellant, nonetheless insisted that the State files an affidavit in answer with submissions addressing the issue of bias. The matter comes up for hearing again on April 24, 2018 at 2:30 pm.”
The AG Chambers said that it is worth noting that Ms. Kissoon filed proceedings, not so long ago, in October 2017, in the High Court for the identical reliefs as those she is currently seeking before the Appellate Tribunal.
“Premised on this fact, Ms. Archer-Caulder expressed her concern to the Tribunal that it appears that the Appellant may be forum shopping. Ms. Kissoon was represented by Attorney-at-law, Mr. Nigel Hughes,” the statement from the AG Chambers/Ministry of Legal Affairs said.
The Deputy Solicitor was sent on leave early last year pending a review of the cases that she would have handled.
Kissoon, who was later fired, on the other hand has been accusing the Attorney General of abuse.
The AG Chambers/Ministry last year claimed that Kissoon held the post of Deputy Solicitor General within the Ministry from March 2013 to August 2017.
The Ministry noted that at the time of her dismissal, Kissoon was being paid in excess of $1.2M per month, inclusive of allowances.
It was noted that during the period November 2015 to January 2017, an investigation was undertaken in the litigation department at the Ministry, after it was discovered that Kissoon, who was tasked with the responsibility of conducting cases of grave importance to the State’s interest, had committed several breaches and violations under the rules and regulations of the Public Service Commission.
These breaches, according to the Ministry, included improper preparation and drafting of legal documents, disobeying lawful instructions of her superiors (insubordination), failing to attend court in several critical matters, gross dishonesty in official dealings, improper conduct and dereliction of duty, amounting to breaches under Section G of the Public Service Rules 1998 as amended by 2004.
As a result, several memoranda were sent to the Kissoon regarding her conduct.
The charges were all denied by Kissoon.
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