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Judge vex with PSA

By Jada Loutoo Wednesday, June 27 2012

click on pic to zoom in
Joan Semper-Caprietta...
Joan Semper-Caprietta...

A simultaneous hearing of the disciplinary committee of the Public Services Association (PSA) on the same day a High Court ruling was expected to be given in a lawsuit involving the suspension of the union’s industrial relations officer, Joanne Semper-Caprietta, drew the ire of a High Court judge yesterday.

Justice Joan Charles, who is hearing a long list of court actions involving the embattled PSA, including Semper-Caprietta’s was not pleased when she was told the claimant was not in court as a hearing of the PSA’s disciplinary tribunal was scheduled for the same time.

According to Semper-Caprietta’s attorney Farid Scoon, a hearing of the tribunal was organised by the PSA on the same day of the court’s hearing.

“I don’t know why it was arranged for this day when she should be here instead of there,” he said.

Charles questioned the decision to hold the disciplinary hearing on the same day she was to give her ruling in the matter and told PSA’s attorney John Heath it would be “discourteous” to have done so.

After being told by Health the simultaneous hearings were an oversight, the judge pointed out that PSA president Watson Duke was present in court so he must have known about the importance of yesterday’s court hearing.

“Please ensure this does not happen again,” Charles told the PSA’s attorney.

She has adjourned the case to July 30, when she will give her decision on whether the suspension was legal under the union’s constitution.

The judge has been asked to rule on whether Semper-Caprietta’s suspension by Duke on August 10, 2011, was intra vires (within the law) of the union’s constitution. Semper-Caprietta was suspended for allegedly disobeying the president. She challenged this decision.

Also representing the PSA and its president are Rajiv Persad and Lionel Luckhoo.

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