CHIEF Justice Ian Chang has discharged writs filed by four officers challenging the decision made by Commodore Gary Best, Chief-of-Staff of the Guyana Defence Force, not to pay them a year-end bonus; and in so doing, he has vindicated the actions of Commodore Best in relation to three recent matters which were brought before him.
The aggrieved officers had filed a Writ of Certiorari which stated that the withholding of their bonus by the CoS was unlawful and unreasonable, and a Writ of Mandamus directing the COS to pay the bonus.
The Chief Justice has discharged both writs, and has ruled that the officers did not have a reasonable expectation of receiving the bonus, since the Officers were aware of disciplinary infractions.
The Chief Justice also ruled that the CoS was acting on behalf of the President when he withheld the bonus. As such, the officers’ actions against the Chief-of-Staff were misconceived because they were actions of Prerogative Writs against the President, and this is not allowed in law.
In the matter of an officer who filed a Writ of Prohibition, seeking the right to retain counsel at a Summary of Evidence proceeding against him, the Chief Justice has ruled that the Summary of Evidence proceeding was merely investigative, and is not an adjudicative proceeding; and, as such, the officer has no right to counsel.
In the matter of relinquishment of the appointments of three officers who had sued for their year-end bonus, the Chief Justice discharged that matter in favour of the Chief-of-Staff, ruling that the action should have been brought against the entire Defence Board and not only the Chief of Staff.
The Chief of Staff was represented by the Hon Attorney General and Minister of Legal Affairs, Mr Anil Nandlall, and the Deputy Solicitor General, Ms Pritima Kissoon.