The Attorney General has conceded to legal action filed by attorney Veera Bhajan against the Equal Opportunities Tribunal over the failure to comply with an appointment by President Paula-Mae Weekes for her to take up her role as a lay assessor to the the tribunal.
In response to the legal threat by Bhajan, who was born without arms, the AG, on August 27, categorically stated that Bhajan's appointment was in accordance with the requirements of the statute (Equal Opportunities Act).
On July 30, Bhajan's attorneys issued a pre-action protocol letter to the AG and the chairman of the tribunal Donna Prowell-Raphael claiming that since her three-year appointment by the President on March 17, she had been unable to take up her position and her enquiries to get information had been treated with "scant regard."
The AG also agreed that Bhajan was entitled to her salary and allowances since her appointment even though she had not been able to take up her job.
In correspondence dated August 26, Prowell-Raphael maintained that Bhajan's appointment was ultra vires as she did not meet the requirements as stipulated by the legislation and intends to challenge the lawsuit but has requested the AG bear the legal costs of a senior counsel to represent the interests of the tribunal. The AG has not yet responded to the request.
"It appears that having regard to the legitimacy of the claims advanced by (Bhajan), we accept that Ms Bhajan was entitled to be appointed and to be appointed from the date of appointment, thus leaving any further defence of the actions of the chairman, solely at the behest of the chairman," the AG contended.
Lawyers for the AG said any culpability on the part of the AG would be minor seeking constitutional relief "as the core culpability lies elsewhere."
"We believe that our approach is consistent with the core responsibility of the State to uphold the legitimacy of the Act," the letter said.
The tribunal's chairman believes that Bhajan's appointment is "null and void" as she did not meet the criteria of having combined experience in law and social welfare and noted that the President failed to consult with the chairman before making the appointment and allegedly breached the principle of "procedural fairness."
Bhajan had received a letter from Prowell-Raphael alleging breach of confidential communication channels, compromising the independence of the tribunal, among other things. She has denied the accusations.
Prowell-Raphael had also said there were currently no logistic and/or financial means to accommodate or support another lay assessor.
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