RESPONSE BY THE ATTORNEY GENERAL ON ALLEGATIONS THAT THE GOVERNMENT IS TRYING TO REMOVE THE CHIEF MAGISTRATE FROM OFFICE

Over the past few weeks, there has been undue and unwarranted allegations and accusations by some members of the bar that the government, specifically the Executive Branch, was attempting to remove the Chief Magistrate from office.

As Attorney General with some responsibility for the administration of the magistracy, I wish to categorically deny such allegations as false and malicious.  I want to further state that the Executive Branch holds the highest regards for the integrity, professionalism and judicial competence of the Chief Magistrate.  As a matter of fact, it was contemplated that even though the Chief Magistrate may demit office by reason of attaining the compulsory retirement age, her services could be retained thereafter on contract.

The Chief Magistrate was appointed to her present post with effect from June 1, 1995 by the Governor General upon the advice of the Judicial and Legal Services Commission.  Her letter of appointment stated in relevant parts “YOU WILL BE SUBJECTED TO THE PROVISIONS OF THE PUBLIC SERVICE COMMISSION REGULATIONS, THE CIVIL SERVICE STAFF ORDERS, FINANCIAL AND STORE RULES AND OTHER REGULATIONS IN FORCE FROM TIME TO TIME.  YOU WILL ALSO BE SUBJECT TO THE PROVISIONS OF SECTION 88 OF SCHEDULE 2 OF THE GRENADA CONSTITUTION ORDER, 1973”.

Subject to Section 88 of the Constitution, the Public Service Commission may require an officer to retire from the public service at any age after such officer has attained the age of sixty years.

Section 42 Sub Sec. (2) of the Public Service Regulations requires that the Permanent Secretary or Head of Department advise the relevant officer in writing of the fact of their attainment of the compulsory retirement age and advise the Public Service Commission accordingly.

On April 1, 2008, the Permanent Secretary in the Ministry of Legal Affairs wrote to the Chief Magistrate indicating that the Ministry proposes to advise His Excellency the Governor General that she be retired from the Public Service on the grounds of age at the expiry of her vacation leave that is with effect from March 3, 2009.

The Chief Magistrate responded to the Permanent Secretary’s correspondence by filing a constitutional claim on the 4th of April 2008, wherein she asserts that the communication from the Permanent Secretary amounts to an attempt to remove her from office and that it is the Governor General who, on the advice of the Judicial and Legal Services Commission, may send such communication to the Chief Magistrate.

It must be noted that the Permanent Secretary in the Ministry of Legal Affairs has since written to the Chief Magistrate withdrawing the first letter and informing her by letter dated April 8, 2008 that the Public Service Commission will be informed of the Chief Magistrate having attainted the compulsory age of retirement.

The matter is now under judicial consideration and it is the government’s position that the government is merely seeking to uphold the rules, regulations and laws of Grenada and its action in so doing doesn’t and should not be interpreted as an attempt to force the Chief Magistrate out of office.