Lackston Robinson is back at the AG's Chambers

The Gleaner of August 07, 2008, reports that Lackston Robinson is back at work at the Attorney General's Chambers. Not surprisingly, the SG has expressed great joy at his return. I understand that Mr. Robinson is now the Director of Litigation in place of Nicole Foster-Pusey, who is now on pre-resignation leave.

The Gleaner's report had a couple of errors which I pointed out in a note to Associate Editor Colin Steer in an email today (August 09, 2008)







Colin,

While it is true that Justice Jones quashed the PSC's decision to retire Lackston Robinson in the public interest, it is not true that

a) Justice Jones ordered Lackston Robinson to be reinstated, or

b) that Justice Jones criticized the PSC for sending Mr. Robinson on leave.

If you read Justice Jones' judgment, you will see that it was the Permanent Secretary in the Ministry of Justice who sent Mr. Robinson on leave. Indeed the litigation was not only against the PSC but also against the PS. The judge found that the PS' decision was ultra vires, and accordingly, it was quashed by an order of certiorari. Any judicial criticism of the decision to send Mr. Robinson on leave would accordingly been directed only at the PS, and not at the PSC.

There is really no legal basis for assuming that Mr. Robinson has been 'returned', when indeed, the effect of the judgment is that he never left.

If you have not seen the judgment, I would be happy to send it to you.

Hilaire