On Monday's news, we told you about the lawsuit which Ian Haylock is attempting to bring against Prime Minister John Briceno. He has hired the former Prime Minister, Dean Barrow, as his attorney to press the matter in the Supreme Court on his behalf.
Haylock is a Deputy Comptroller of Customs, but in his lawsuit, he is complaining that he should have been appointed as the new Comptroller. He asserts to the court that the Prime Minister unfairly passed him over for the post and appointed his colleague, Estelle Leslie, instead. Although Leslie has been with the department for 32 years, he asserts that he should have gotten the post based on seniority and qualification.
This afternoon, Justice Westmin James presided over a hotly debated application from Haylock and his attorneys for permission to bring a judicial review claim. That hearing was conducted virtually, and it lasted for just over 3 and a half hours.
The Government, which was represented by Assistant Solicitor General Samantha Matute-Tucker, is urging the presiding judge to refuse Haylock's application for judicial review. They say that adequate consultation was carried out between the Prime Minister and the Public Services Commission before he advised the Governor-General to appoint Leslie as Comptroller. The Government is also saying that this lawsuit is academic.
Speaking on Haylock's behalf former Prime Minister now lead counsel Dean Barrow argued that he has an arguable case because the Prime Minister failed to adequately consult with the Public Services Commission before advising the GG to make the appointment. Barrow argued that the Commission was given only a day, and possibly less than that, to respond to the Prime Minister's letter informing them of his intention to appoint the current Comptroller. Barrow submitted that there was never any real intention to consult the Commission on this appointment. He also argued strongly against the Government's position that this case is academic.
Senior Counsel E. Andrew Marshalleck represented Estelle Leslie in this hearing as an interested party. He submitted that the claimant has failed to meet the threshold for leave to bring his judicial review case. He argued that Haylock is making a backdoor attempt at challenging the Governor-General's instruments of designation and appointment, which formalizes Estelle Leslie's appointment as Comptroller. From his perspective, the Constitution protects against this kind of challenge, and so, the claimant has no arguable case in court. He also asserted that the claimant is reaching with 4 applications for injunction, which should be refused.
The hearing concluded shortly before the start of the evening news, and Justice James has indicated that he will give a decision on February 9th. As we told you, the judge will decide whether or not Haylock should be granted leave to bring his judicial review case. If the judge refuses, that's the end of the case. If he grants permission, then the lawsuit begins in earnest.
