Gafoor loses constitutional case; tribunal can probe allegations of misconduct

Glady Gafoor - Guardian photo

High Court judge Vasheist Kokaram on Thursday dismissed the constitutional lawsuit brought against President Max Richards by suspended Integrity Commission deputy chairman, Gladys Gafoor.

She had challenged the President’s decision to suspend her from her post on February 9 based on allegations from three of her fellow commissioners, which were sent to him in three “secret letters.”

Gafoor had asked the court to determine if the President decision to establish a special tribunal to investigate the allegations was lawful.

Gafoor claimed that when she met with Richards to discuss the matter he did not give her specific information about the allegations against her and therefore she did not have an opportunity to respond to them.

Senior Counsel Avory Sinanan, representing the State, had argued that during the meeting with President Richards, Gafoor was allowed to take notes. He argued further that Richards was not under a duty to fully disclose the allegations. Sinanan said Gafoor’s lawsuit was premature and stated Richards did not breach her constitutional rights.

The ruling means that Gafoor's suspension from the Integrity Commission remains, and the special Tribunal appointed by President Richards can proceed with its investigation into allegations of misconduct against her.

The members of the tribunal are former Caribbean Court of Justice (CCJ) president Michael de la Bastide (chairman), Justice of Appeal Humphrey Stollmeyer and High Court judge Maureen Rajnauth-Lee.