THREE Appeal Court judges have been asked to overturn a judge’s ruling against the Equal Opportunity Tribunal (EOT) and its chairman Donna Prowell-Raphael on the appointment of lay assessor Veera Bhajan in 2021.
Prowell-Raphael has appealed the November 22, 2021, ruling of Justice Avason Quinlan-Williams. In that decision, the EOT chairman came under harsh criticism from the judge for her conduct in blocking Bhajan from taking up her appointment.
On Friday, Justices of Appeal Mira Dean-Armorer, Vasheist Kokaram and Malcolm Holdip heard submissions from Prowell-Raphael’s lead attorney, Ramesh Lawrence Maharaj, SC, and those for Bhajan and the Attorney General.
The EOT has not appealed. The Appeal Court judges have not yet reserved their ruling but are expected to do so later this month.
Quinlan-Williams had held the actions of the EOT and its chairman were illegal and beyond their statutory remit.
The judge had said there “ought to be a sense of public outrage over what occurred,” adding that the attempts to block Bhajan’s appointment were disturbing and off-putting.
She also quoted the lyrics of local dancehall artist General Grant’s hit Pure Hate saying it resonated with her throughout her consideration of the case.
“Pure hate and acting normal.”
Quinlan-Williams also said she had difficulties in writing the judgment, not based on the legal issues before her but in striking a balance between being critical of the conduct and being judicious in her choice of words to describe it.
She also questioned whether Prowell-Raphael would reconsider her continued role on the tribunal.
“I wonder if at the end of this saga, after all, is said and done and when there is an opportunity to reflect on decisions made and actions taken, whether the second defendant would, in a quiet time, reflect on whether she is the best fit for chair of the Equal Opportunity Tribunal,” Quinlan-Williams said.
In calling on the Appeal Court to overturn the ruling, Maharaj argued that the judge exhibited apparent bias by not hearing his client’s application to set aside the leave granted to Bhajan to pursue her claim.
He said while it was open to the judge, as part of her case management discretionary powers, to hear the application and the substantive claim together, she blurred the lines of distinction when she gave her final ruling.
“Having regard to the nature of the complaint, it should not have been heard together.”
Maharaj said while the chairman was criticised for her comments in a letter to the President on Bhajan’s appointment, it was out of her duty.
“She had a duty to be concerned and a responsibility to ensure the appointment was lawful.”
Bhajan was appointed by former President Paula-Mae Weekes as a lay assessor on March 17, 2021.
According to the evidence at the trial, the tribunal and the chairman gave varying reasons why she could not assume duties, citing limited financial resources, an inability to accommodate a member with a disability and allegations that Bhajan may be perceived to be biased b
