Latest update December 23rd, 2024 3:40 AM
Court dismisses case by former Deputy Solicitor-General against AG
Former Deputy Solicitor-General Prithima Kissoon
On November 10th, 2017, former Solicitor-General Prithima Kissoon filed an application in the High Court seeking Orders of Certiorari directed at the Public Service Commission and/or Delma Nedd, Permanent Secretary, Ministry of Legal Affairs.
By the action, Kissoon alleged that the Public Service Commission’s decision to dismiss her from the public service for leaving the jurisdiction without permission was excessive, without merit, unlawful, ultra vires, unconstitutional and wholly in excess of its jurisdiction.
She further contended that she was not given a fair hearing or the right to legal representation by the Commission and that the Public Service Commission failed to serve on her in writing the charge, together with the particulars of the charge, according to a release yesterday on the case by the Attorney General’s Chambers.
However, during the pendency of those proceedings, Kissoon on the 7th March, 2018 through her Attorney, instituted proceedings touching and concerning the same issues and subject matter before the Public Service Appellate Tribunal, which is headed by her uncle, Nandram Kissoon, seeking concurrent and identical reliefs, the AG Chambers said.
“In response to Kissoon’s application Ms. Kim Kyte, Solicitor General and Ms. Oneka-Archer-Caulder, Principal Legal Adviser on the 28th March, 2018, the Attorney General’s Chambers filed a Notice of Application in which it alleged that Ms. Kissoon, as the former Deputy Solicitor General came under the ambit and jurisdiction of the Public Service Commission and Rules therein provided a statutory remedy for the review of administrative actions within the Public service.”
Attorney General Basil Williams
The AG’s Chambers argued that Kissoon should have availed and exhausted all and any available statutory remedies before seeking judicial review of the court and more so that the instituting of concurrent proceedings amounted to a flagrant abuse of the processes of the court and the administration of justice.
“Further, it was noted by counsel for the Attorney General’s Chambers that at no time did Ms. Kissoon disclose to the Court the fact that she had since filed concurrent proceedings for identical reliefs before the Appellate Tribunal.”
The matter came up for hearing yesterday before the Chief Justice (ag) Roxanne George, S.C who “ruled” that the filing of identical proceedings for identical reliefs before two separate bodies amounted to an abuse of the process of the Court.
According to the AG’s Chambers, it was also ruled that since counsel for the applicant, Nigel Hughes, had failed to file an Affidavit of Defence in response to the Attorney General’s claims, he is taken to have conceded to the claims.
The court granted cost to the Attorney General’s Chambers in the sum of $200,000.
The Attorney General’s Chambers was represented by Ms. Oneka-Archer-Caulder, Principal Legal Adviser, while Kezia Williams appeared for and on behalf of Nigel Hughes for Prithima Kissoon.
Kissoon was dismissed last year after clashes with the Minister of Legal Affairs, Attorney General, Basil Williams, over the handling of a number of multimillion-dollar cases against the State.
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