Barbara Gayle, Staff Reporter

Prime Minister Bruce Golding scored a major victory yesterday in the Court of Appeal over Opposition Leader Portia Simpson Miller, arising from the legal battle over his recommendation to fire former members of the Public Service Commission (PSC).

The effect of the court's ruling is that Simpson Miller can no longer pursue the matter in the Supreme Court.

Attorney-at-law Linton Walters, one of the lawyers representing Simpson Miller, told The Gleaner yesterday that the next step for the case would be the United Kingdom Privy Council, but they would have to consult first with Simpson Miller.

However, four of the five former PSC members have taken Golding and the attorney general to the Supreme Court over their dismissal for misbehaviour, and the matter is pending in that court.

The Court of Appeal, in allowing Golding's appeal, upheld legal arguments from his lawyer, R.N.A. Henriques, QC, that Supreme Court judge Donald McIntosh did not have the authority to grant Simpson Miller a 14-day extension after the time for filing a fixed date claim form had expired.

After Golding recommended to the governor general last year that the former members be fired for misbehaviour, Simpson Miller took the matter to the Supreme Court. She sought leave to go to the Judicial Review Court to bar Golding from making the recommendation.

No claim filed

On December 13 last year, Justice Kay Beckford granted her leave to apply for Judicial Review. Simpson Miller's lawyers had 14 days under the Civil Procedure Rules 2002 in which to file the fixed date claim form for Judicial Review after leave was granted.

The claim form was not filed in the Supreme Court Registry within the specified time and, when the matter came before Justice Donald McIntosh on January 10 for a first hearing, Simpson Miller's lawyers applied for an extension.

Justice McIntosh granted a 14-day extension for Simpson Miller to apply for Judicial Review.

Golding's lawyers had opposed the application for an extension and the judge granted Golding leave to appeal.

Henriques argued before the Court of Appeal - comprising its president Justice Seymour Panton, Justice Algernon Smith and Justice Hazel Harris - that once Simpson Miller did not file the claim form within 14 days under the Civil Procedure Rules 2002, the leave expired. He said the leave was conditional upon the filing of the claim form by December 27 last year.

He said when the matter came before Justice McIntosh, there was nothing to extend because the leave had expired and no action had been commenced by the filing of a fixed date claim form within the time stipulated by the Civil Procedure Rules 2002.

The Court of Appeal agreed with the legal arguments and allowed the appeal.

barbara.gayle@gleanerjm.com