— says AG regarding court’s ruling in Prithima Kissoon’s case

WHILE the legal representative of former Deputy Solicitor General, Prithima Kissoon, seeks to tie Attorney-General (AG), Basil Williams to the recent court case of non-payment of salary, the AG has informed that the Court did not indicate he was a party in the matter.

On July 25, 2019, Chief Justice Roxane George S.C. ruled in favour of Kissoon in a matter against the State whereby Kissoon had challenged the withholding of her salary by the Permanent Secretary (PS) of the Ministry of Legal Affairs (MOLA) and the AG.

In a press release on Saturday, attorney representing Kissoon, Nigel Hughes, said the AG caused his client to be sent on administrative leave by the Public Service Commission (PSC) pending an investigation into her alleged conduct on matters which she had conduct over while acting as deputy solicitor general.

The details coming out of the case also state that Kissoon had left the jurisdiction after requesting permission to do so from the MOLA’s PS; the PSC secretary and permanent secretary, Ministry of the Presidency, Department of the Public Service.

Hughes stated that the ministry’s permanent secretary later wrote to Kissoon’s lawyer informing that she had left the country without permission and therefore her salary would be withheld and that the Attorney General’s Chambers had “advised and instructed” that Kissoon’s salary be withheld pending the PSC’s course of disciplinary action.

However, on Sunday, the AG made it clear that the Chief Justice’s decision is instructive in relation to governance in the government sector and did not issue an order against the AG.
He pointed out the judgement of the chief justice which stated: “I also do not consider that there is sufficient evidence to warrant any order being made against the AG…..”
Furthermore, the attorney-general said the chief justice’s judgement did not single him out in the matter.

“In fact, upon a proper perusal of the judgement, there is not a scintilla of evidence relating to the AG. Further, there is no evidence that the AG ever participated in this matter though purportedly represented by the erstwhile Solicitor-General Ms. Kim Kyte and erstwhile Principal Legal Adviser, Ms. Archer- Caulder. There is no evidence that the learned chief justice ever inquired as to the AG’s ‘perpetual absence,” he clarified.

The AG also stated that it is clear from the judgement that the permanent secretary’s intervention is a matter in which the Judicial Service Commission (JSC) had jurisdiction.
This, he indicated, resulted in the government’s case against Kissoon as put by the Court which stated: ” …regarding the investigation of her conduct of court cases” being delayed and not tried by the PSC.

Bringing the court case to an end, the Chief Justice had ordered the MOLA’s PS to pay the former deputy solicitor general her withheld salary.