Attorney Hugh Wildman - file photo
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Attorney Hugh Wildman
Deborah Patrick-Gardner, Former Principal Executive Officer of Court Management Services, has won her case against the Public Service Commission which sought to retire her last year.
The Full Court on Thursday ruled that the Commission acted in breach of the Constitution when it sought to remove her from the post and ordered that she be reinstated.
Her attorney, Hugh Wildman, had also mounted a challenge against the additional powers that were granted to the Chief Justice by former Justice Minister Mark Golding.
He told RJR News the court agreed with his submission that the amendment which sought to give the Chief Justice those powers (to recommend appointment to the public service) under the Judicature Supreme Court Act was unconstitutional.
He said the case is a landmark decision for the many civil servants who feel they were unfairly separated from the public service with no recourse, given the power of permanent secretaries and other senior civil servants.
"It is our view that the Public Service Commission has been misguided in its approach, and in the process, they have mislead the Governor General in these matters," he declared.
The Attorney General's Department had argued that Mrs Patrick-Gardner was being retired as part of a reorganisation of the Court Management Services.
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