Former deputy permanent representative to the United Nations (UN) Eden Charles has been granted permission to pursue a lawsuit against Prime Minister Dr Keith Rowley and members of his Cabinet over a decision to revoke his appointment.
In a 15-page decision delivered in the Port-of-Spain High Court yesterday, Justice Frank Seepersad granted Charles leave to pursue his judicial view case as he ruled that he (Charles) had raised arguable grounds that have a realistic prospect of success in an eventual trial.
In his lawsuit, filed in January, Charles, of Union Hall, Cross Crossing, is claiming that Rowley and his Cabinet acted unfairly when they decided to revoke his appointment as ambassador in September, last year.
He is claiming that the decision is “flawed and defective” as Rowley failed to consult with him and provide details reasons when the decision was made.
He is also contending that he had a legitimate expectation to maintain his rank of Ambassador Extraordinary and Plenipotentiary after the completion of his stint at the UN, as he claimed that was the Government’s policy in the past.
However, this claim is being challenged by Cabinet, which is contending that the official policy is that in the case of career diplomats they will return to their substantive positions in the civil service once their term in office are completed.
“The issuing of reasons would be even more critical, if the course adopted altered a long-standing policy with respect to the treatment of career ambassadors when they are recalled to headquarters. The Applicant’s assertion that in the interest of natural justice the Prime Minister ought to have informed him of the various allegations made against him, is in the Court’s view, covered with the cloak of arguability and is a ground which has a realistic prospect of success,” Seepersad said.
Charles is also seeking a declaration that his constitutional rights were infringed and that the decision was illegal and made in bad faith.
Charles was appointed to the post in March 2012 under the People’s Partnership administration.
Charles is being represented by Devesh Maharaj, while Reginald Armour, SC, and attorney Nadine Nabbie are representing Rowley and the Cabinet.