Over two years after she was suspended by former president George Maxwell Richards amid allegations of misconduct from her colleagues at the Integrity Commission, former deputy chairman Gladys Gafoor yesterday lost her appeal against his decision.In an oral ruling delivered in the Appeal Court yesterday, the judges ruled Richards had followed the correct procedure in suspending Gafoor and appointing a special tribunal to investigate the claims against her.
Through the appeal, Gafoor was attempting to overturn the decision of High Court judge Vasheist Kokaram, who had ruled similarly to the Appeal Court in July 2012.Her attorney Clive Phelps had contended that although Richards met with Gafoor to hear her side of the story before making his decision, he was also required to inform Gafoor of his intention to suspend her and appoint the tribunal.
Attorneys representing the commission and the State told the court yesterday they disagreed with Gafoor's assertion of the requirement for consultation.They contended that even though there was no requirement under law, Richards had indicated the allegations to Gafoor and allowed her to respond.The lawyers claimed from her 51 years' experience as an attorney-at-law Gafoor should have known that her suspension and the tribunal would be the obvious response from the President.
They also took issue with the fact that the specific point raised by Gafoor was not part of the originally pleaded lawsuit and was only raised on trial before Kokaram, who rejected it over Gafoor's failure to include it on her court documents.Justice Gregory Smith, who delivered the judgment, said: "It is for the applicant to the raise issues and give the other side the fair opportunity to respond to it."The other judges on the panel were Peter Jamadar and Nolan Bereaux.
After giving their ruling, the judges invited the attorneys to make submissions on whether Gafoor should pay the State's and the commission's legal costs.Phelps submitted that his client's financial situation could not be compared with her opponents' and each party should bear its own costs as the matter was one of public interest.Senior Counsel Avory Sinanan, who led the State's legal team, submitted that his client was entitled to be awarded the costs by virtue of Gafoor's defeat and the fact that she pursued a "unmeritorious appeal."
But he tried to alleviate her attorneys' fears by saying such orders for costs are rarely enforced by the Office of the Attorney General.