THE Equal Opportunity Tribunal and its chairman have filed an appeal against a judge's refusal to hear their application asking her to set aside the leave she granted to lay assessor Veera Bhajan over her not being able to take up her position.
On Tuesday, Justice Avason Quinlan-Williams held she hear the EOT and its chairman, Donna Prowell-Raphael's application to set aside leave together with the Bhajan's substantive judicial review application when the matter goes to trial next month.
In their setting-aside application, the EOT and Prowell-Raphael complained that Bhajan, in her ex-parte application for leave, left out critical information.
Bhajan was granted the court's permission to challenge a decision by the EOT and Prowell-Raphael, not to comply with an appointment of President Paula-Mae Weekes and let her take up her position.
The setting-aside application also alleged that the judicial review claim was premature since the tribunal remains inoperable because of the covid19 pandemic and other infrastructural problems.
On Friday, attorneys for the EOT and its chairman filed an appeal against Quinlan-Williams's order to hear both matters together in November.
The appeal alleges bias on part of the judge. They said their setting-aside application was likely to succeed and the judge was required to first hear it, give a ruling on it and then hear the claim for judicial review if they were unsuccessful in getting her to reverse her permission to Bhajan to pursue her claim.
Bhajan is represented by a team of attorneys led by Alvin Fitzpatrick, SC, and includes Rajiv Persad, Michael Rooplal, Shari Fitzpatrick, Rajiv Chaitoo, Clay Hackett, and Gabriel Hernandez.
Representing the EOT and its chairman is Senior Counsel Ramesh Lawrence Maharaj and attorneys Kiel Taklalsingh, Leon Kalicharan, and Karina Singh.
The Attorney General is represented by Rishi Dass, Svetlana Dass, and Karissa Singh.
In the appeal, it is complained that the judge did not give any reason for not hearing their setting-aside application. They now want her decision to hear both matters together set aside and for another judge to hear their setting-aside application.
The attorneys insisted it was not an application to delay the trial, insisting leave should be set aside since Bhajan failed to disclose material facts to the court when she sought permission to take her lawsuit further.
'The non-disclosure is serious non-disclosure,' Maharaj had said at Tuesday's hearing.
He said it would not be proper to treat the setting-aside application as a rolled-up hearing with the review claim. He said if he was successful then there would be no claim to go forward and the applicant was free to file a new application
'I cannot see conceptually how the claim could continue if leave is set aside. I cannot see how you can hear an application to set aside and the merits of the claim at the same time. It would be unjust and inconsistent.'
In its setting-aside application, the EOT and its chairman have complained that Bhajan omitt
