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Stabroek News

Maldon High School case
published: Tuesday | August 7, 2007

THE EDITOR, Sir:

I noted an article published in The Gleaner on Wednesday, August 1, 2007, relating to a decision of the Supreme Court in a claim filed by Mr. Derrick Wilson, the former provisional principal of Maldon High School. I am prompted to respond to certain comments attributed to Mr. Wilson in the interview contained in the article and I sincerely hope that he was misquoted.

Mr. Wilson appears to have stated that "I'm going to take this to the Appeal Court because it was an unfair decision, and this shows a level of corruption and political manipulation in high places". No one can question Mr. Wilson's right to appeal the decision, but I must take issue with him when he goes beyond the scope of reasonable criticism and suggests that the decision was influenced by corruption and political manipulation.

This matter was heard by the Hon. Mrs. Marva McIntosh, the Senior Puisne Judge, who has considerable experience as a judge. She diligently heard the very lengthy and thorough oral submissions of Mr. Wilson's attorney and those made on behalf of the defendants. At the end of the arguments on Friday, July 27, 2007, she reserved her decision and handed down the written judgement on the 31st July, 2007. We may disagree with how the judge dealt with the legal and factual issues and whether the decision was correct, but it is clear that the judge, after considering the various issues, arrived at a decision that she genuinely considered to be correct in law.

Improper

It is therefore highly improper for Mr. Wilson, prompted by his understandable displeasure with the outcome of the matter, to attribute the judge's decision to corruption and political manipulation, without advancing any evidence to support this grave allegation.

It is beyond dispute that judicial decisions are open to criticisms, not only by the parties involved, but by members of the wider society. We should, however, be extremely careful about questioning the integrity of judges, in circumstances where there is no factual basis to do so. Mr. Wilson can continue to exercise his right to criticise the decision as being unfair and to explain his reasons for having that view, but I would suggest that he refrain from his unwarranted attack on the integrity of a judge, whose reputation is beyond reproach.

I am, etc.,

PATRICK W. FOSTER

Deputy Solicitor General

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