Senior Reporter
derek.achong@guardian.co.tt
A prison officer has won his lawsuit over the refusal of the Public Service Commission (PSC) to disclose the reasons for its decision to refer him to a disciplinary tribunal.
Delivering a judgment last week, Justice Robin Mohammed ruled the commission was wrong to have refused Kerwin Hamilton’s request.
Justice Mohammed said, “I am of the view that the interest of justice demands that the Defendant (PSC) be compelled to provide an adequate, coherent, and intelligible Statement of Reasons concerning the decision in its letter of October 13, 2021.”
He was careful to note that Hamilton’s case was not challenging the disciplinary process but rather the commission’s refusal to explain its decision to subject him to it (the disciplinary process).
While he found that the commission breached its duty of candour, Justice Mohammed declined to rule that its conduct was illegal or unlawful.
He did criticise the commission for taking five months to respond to the initial request made by Hamilton’s lawyers Navindra Ramnanan, and Ricky Pandohee in November 2021.
“Although not illegal or unlawful, upon conducting a reasonableness review, I find the inordinate delay to be unreasonable and irrational,” Justice Mohammed said.
He directed that the reasons be provided within 21 days.
Based on his findings, Justice Mohammed ordered the commission to pay 85 per cent of Hamilton’s legal costs for the lawsuit.
According to the evidence in the case, Hamilton joined the T&T Prison Service in 1998.
In March 2021, the commission proffered two charges against him for allegedly engaging in conduct prejudicial to the efficient conduct of the service.
The charges stemmed from when he was assigned to the Tobago Convict Prison in 2016. He was accused of receiving family visit plane tickets for which he was not entitled.
The charges, which are yet to be determined, reportedly came while Hamilton was being assessed for promotion to a higher rank.
The commission was represented by Janique Mitchell, and Akeenie Murray.
