THE Ministry of Legal Affairs on Friday dismissed statements made by former Deputy Solicitor-General, Prithima Kissoon.
Kissoon in several media reports indicated that she was wrongfully dismissed and was subjected to abuse by Attorney General and Minister of Legal Affairs Basil Williams S.C.
However, that ministry refuted Kissoon’s allegations, describing them as “deceptive” while noting that it does not engage the public in relation to employment issues and more specifically, matters engaging the attention of the court.
Kissoon has reportedly taken to the court for a remedy in the matter, but according to the Legal Affairs Ministry, there was no vendetta against the former deputy solicitor-general.
“Ms. Prithima Tiwari Kissoon held the post of deputy solicitor-general within the Ministry of Legal Affairs and Attorney General’s Chambers between the period March 2013 to August 2017. At the time of her dismissal, she was earning in excess of one million two hundred thousand dollars ($1.2M) inclusive of allowances,” a statement from the ministry stated.
During the period of November 2015 to January 2017, an investigation was undertaken in the litigation department at the ministry after it was discovered that Ms. Kissoon, who was tasked with the responsibility of conducting cases of grave importance to the State’s interest, had committed several breaches and violations under the rules and regulations of the Public Service Commission, the statement added.
“These breaches which include but are not limited to, improper preparation and drafting of legal documents, disobeying lawful instructions of her superiors (insubordination), failing to attend court in several critical matters, gross dishonesty in official dealings, improper conduct and dereliction of duties amounting to breaches under section G of the Public Service Rules 1998 as amended by 2004,” the ministry stated.

GROSS DERELICTION OF INSTRUCTIONS
As a result of the aforementioned, Kissoon was issued several memoranda. The ministry cited examples of what it considered to be “gross dereliction of instructions from her superiors.”
“In the presence of the Attorney General, the Solicitor-General and litigation staff, she sought to mislead the litigation team stating that she was not in the Court of Appeal for the matter of the Attorney General v Desmond Morian, when in fact the Court Order dated the 4th November, 2016, reflected that she entered an appearance on behalf of the State.
“In matter of Application by Carvil Duncan, where Ms. Kissoon caused the secretary to the prime minister to sign an incomplete affidavit and subsequently inserted her own facts which were gravely different to the instructions given by the deponent and caused same to be filed with the incorrect facts.”

Additionally, the statement from the Ministry of Legal Affairs pointed to the matter of Application by Bharat Jagdeo, Civil Appeal No.6 of 2016, where it is believed that Kissoon deliberately or negligently prepared and filed the Appeal with the incorrect party named as the Appellant, which resulted in the dismissal of the said appeal by the Court of Appeal.
“Ms. Kissoon further failed to file an affidavit in answer to an application to strike out the said appeal, failed to make written submissions and consented to the contentions by the Applicant’s lawyer,” the ministry stated, while noting that former Solicitor-General Sita Ramlall had cause to pen a letter in the press on this matter.
“In the matter of Harishnarine Sugrim v. AG, a matter which Ms. Kissoon had full conduct of, over Three Hundred Million dollars judgment was awarded against the State. It was observed that a particular clause in the submissions by Ms. Kissoon did not support the contention of the Honourable Attorney General. It was further observed that Counsel for the Plaintiff relied on Ms. Kissoon’s failure and used it as a vantage point in her submissions.
In the matter of The Berbice Bharati Saywah Sangha etal v AG Kissoon failed to attend court and did not instruct anyone to attend on her behalf. Judgment was rendered against the State and only when the matter was published in the newspaper was the chambers apprised of this fact,” the Ministry of Legal Affairs added, noting that there is substantial evidence of what it deems to be “Kissoon’s improper conduct.”
In each case mentioned, the ministry noted that former Attorney General and Minister of Legal Affairs, Anil Nandlall, was the attorney representing the other parties.
Meanwhile, between December 2016 and January 2017, Kissoon requested annual leave; her request was denied on the basis that the solicitor-general had proceeded on pre-retirement leave and Kissoon was now acting in her post.
“At the time Ms. Kissoon requested the leave, the High Court and the Court of Appeal were not in recess and several matters in which she had conduct were being heard,” the ministry added, while noting that Kissoon was aware that matters under her watch which involved hundreds of millions of dollars, and were of grave importance to the State were being heard in the court at the time she requested leave as the court was not in recess.
“Although Ms. Kissoon was aware that her leave had to be deferred because of the state of affairs, she absented herself from duty and presented a medical certificate thereafter.

LACK OF PROFESSIONALISM
The ministry contends that this behaviour illustrates gross irresponsibility, lack of professionalism and professional misconduct in her post as deputy solicitor- general and a clear subversion of the State’s interest. Notwithstanding her absence, she failed to apprise the chambers of the current status and dates for her matters.
This abhorrent behaviour resulted in the Ms. Kissoon’s matters being called and judgments rendered in the State’s absence as reflected on the court’s record,” the statement said.
It is as a result of the aforementioned, the Ministry of Legal Affairs said a complaint was made to the
Public Service Commission (PSC) on the ministry’s behalf. The matter has not been heard by the PSC to date, but the ministry hopes it could be heard when the PSC reconvenes.
“Ms. Kissoon was then sent on Administrative Leave and during this period deliberately flouted the rules and regulations of the Public Service Commission when she decided to leave the jurisdiction without approval, more specifically, the Public Service Rule H 12 (1) which provides for a public officer to spend vacation outside of Guyana.”
Section H12(1) provides that the Permanent Secretaries/Head of departments/Regional Executive Officers may grant permission to Public servants to spend their vacation leave or other short periods of leave of absence outside of Guyana, with a copy of the notification being sent to the accountant-general and the secretary to the Public Service Commission. The sanction for such a breach includes dismissal.
“In relation to this last offence, the ministry has been informed and verily believes that Ms. Kissoon was afforded a full hearing and was represented by one of her attorneys, Mr. Jailall Kissoon, who represented her throughout the process, during the investigation and hearing.
Hence, his appearance could not have been on behalf of Mr. Hughes, but in his own right as her attorney-ay-law, as evidenced by several documents signed by him in this capacity. As such, Ms. Kissoon’s constitutional right to legal counsel was not violated in any form or manner,” the ministry contends.
The Ministry of Legal Affairs noted that while it cannot speak to Kissoon’s character within the public service for the past 10 years, her conduct since 2015 “leaves much to be desired.
“Further, it is this type of unprofessionalism which led the Caribbean Court of Justice in Ruby Mitchell Anor v. John Wilson 2017 CCJ5 to conclude that certain types of errors by Counsel (Attorneys-at-Law) can amount to ‘professional misconduct’,” the ministry concluded.