It was a historic and an expensive decision against the Catholic Church.
This morning in a landmark judgment, which goes to the heart of a century old tradition, Chief Justice Abdulai Conteh ruled that it was unconstitutional for the Catholic public school to release primary school teacher Maria Roches because she got pregnant out of wedlock. And along with that firm rebuke, there was a record award of $150,000 in damages.
Keith Swift was there for the judgment and reports from the Supreme Court.
In a detailed judgment, which took 90 minutes to deliver, Chief Justice Dr. Abdulai Conteh made three key points:
- The first was that by 'releasing' Maria Roches from teaching the Catholic School's management violated her constitutional right under section 16 to not be discriminated against based on sex. In short he said that when Maria Roches was released, it was because she got pregnant and only women can get pregnant which according to the Chief Justice's ruling constituted a clear case of sex-based discrimination.
- Secondly the Chief Justice said that Catholic School's refusal to re-instate Roches after the Ministry of Education told them to do so was a violation of its statutory responsibility.
- And then there was the third point. The Chief Justice said he could not order the Catholic School to re-instate Maria Roches but he could make them pay for her release. And he did awarding her $150,000 plus her attorney's fees.
It's possibly the largest award ever granted for a constitutional violation and while Roches was not in court to hear the good news, her attorney Dean Barrow says it establishes an important principle.
Dean Barrow, Maria Roches' Attorney
"I am very happy that the principles were affirmed so that it now clear that they can be no discrimination in the case of unwed pregnant mothers. But in terms of the quantum of damages, I really had not expected an award of that size. Because I haven't had a chance to see the judgment or hear the Chief Justice deliver it, I would have to look at it to understand why he arrived at the figure he did. But for the moment let me just say I am very happy for Ms. Roches and certainly as I said in terms of the wider picture I am just happy that once again the chief justice has vindicated the constitution of this country."
The attorney for catholic school's management Phillip Zuniga told 7NEWS that they will study the ruling before deciding to appeal.
The chief justice ended his lengthy judgment with a final salvo aimed squarely at Attorney General Hon. Eamon Courtenay. Two weeks ago Conteh had asked the attorney general to make a Presentation about government's position but government refused. Conteh called the AG's decision "regrettable."