The High Court has denied an application filed on behalf of Chief Magistrate,
Joanne Walsh, seeking an interim injunction to stop the tribunal established to hear
certain charges against her from convening.
Justice Jan Drysdale gave her ruling early this morning after hearing legal
arguments on the matter at an emergency session of the High Court on Saturday.
The court gave its ruling at 8:30 a.m. on Monday, as the tribunal had scheduled to
begin its hearing later that day.
This effectively means that the suspension of the Chief Magistrate, in July this year
remains in effect. It also means that the tribunal hearing evidence on the
allegations against Walsh, that triggered her suspension, will continue its work.
Walsh’s legal team had submitted to the court that the Chief Magistrate was never
allowed to be heard on the matter before the suspension as natural justice demands.
On this point, Justice Drysdale noted that the Applicant (Walsh), takes issue with
the suspension which predated the scheduled hearing, rather than the process to
challenge the charges themselves. “Thus conversely, if the injunctions are denied,
the Applicant can still pursue her claim for review of the suspension. There is no
evidence that this would in any way impede her ability to defend herself on the
charges concurrently,” the judge wrote.
In asking the court to order to halt the disciplinary action, and halt the hearing
before the tribunal, the court determined that the Applicant’s case lacked
substantial evidence to support the allegations of any abuse of process, by the
Judicial and Legal Services Commission (JLSC) in exercising its statutory power
to suspend. “Accordingly, the grant of interim relief in the circumstances would be
wholly inappropriate,” the judge concluded.
The court ordered that the application for interim relief be refused and that there
was no order for cost.
Chief Magistrate Walsh was suspended by the JLSC in July after ten allegations
were filed against her accusing her of behaviour unbecoming of someone in that
position.
Walsh’s legal team, comprises Kenny Kentish, Wendel Robinson, and Leon Chaku
Symister while the Attorney General was represented by Deputy Solicitor General,
Carla Brookes-Harris, and Joy Dublin, with the JLSC represented by John
Carrington KC, and C. Debra Burnette.
