Barbara Gayle, Staff Reporter

( L - R ) Portia Simpson Miller, Prime Minister Bruce Golding. - File photos

The appeal brought by Prime Minister Bruce Golding, arising from two Supreme Court orders in relation to a motion brought by leader of the Opposition Portia Simpson Miller on behalf of former members of the Public Service Commission (PSC), was put off on Monday for another date.

An adjournment was granted Monday after lawyers representing Simpson Miller told the Court of Appeal that attorney-at-law Linton Walters, who was instructing lawyers in the matter, had not been served with a notice of the hearing. The lawyers said that it was only late Friday they learnt that the matter was set for yesterday.

The prime minister is appealing against a ruling on December 13, last year which granted Simpson Miller leave to go to the Judicial Review Court to bar Golding from making recommendations to dismiss the former PSC members.

It is being contended that the prime minister's lawyers had asked for an adjournment on December 13 last year to file an affidavit to present to the court that the PSC members had already been dismissed, but the application was not granted.

Wrongly exercised

The prime minister is asking the Court of Appeal to find that the judge wrongly exercised her discretion when she granted leave to apply for judicial review. It is further contended that there was no evidence in support of the complaint that the prime minister did not afford the former PSC members a fair hearing or an opportunity to be heard.

The prime minister and the attorney general are also seeking to overturn a Supreme Court order on January 10, which gave Simpson, Miller a 14-day extension in which to file a claim form for judicial review. The claim form was not filed within the required time and the appellants are contending that the Civil Procedure Rules 2002 did not afford such an extension.

Simpson Miller's lawyers will be asking the Court of Appeal not to disturb the Supreme Court orders.New PSC members have since been appointed on the recommendation of the prime minister. The former PSC members were fired for misbehaviour. Last month, four of the five PSC members took the prime minister to court over the issue.

barbara.gayle@gleanerjm.com