Court of appeal dismisses Government’s appeal in Otto Sam matter

With the recent dismissal, by the Court of Appeal, of an appeal by the Government of a 2014 High Court ruling that it had illegally transferred Otto Sam, the former head teacher’s legal team is also expecting that the Government will be ruled against in the judicial review of Sam’s termination from employment.{{more}}

Last Tuesday, September 15, the Court of Appeal instructed the Government to pay Otto Sam costs of $2,500 – something that his lawyer Jomo Thomas believes has bolstered his client’s chances in future legal action.

In an interview with SEARCHLIGHT, Thomas said: “It’s a straightforward issue as to whether he was fired properly, whether the authorities followed the necessary procedure, or whether the dismissal is in keeping with the laws of the country… I think that Mr Sam’s chances on his dismissal are even stronger.”

He added: “We are very confident… we would be very disappointed if the court finds against Mr Sam. But you can be sure that if the court finds against

Mr Sam, we would be appealing.”

Also speaking with SEARCHLIGHT, Sam said that he is giving God thanks for the recent ruling, as it upholds his claims that the Government acted improperly in terms of ending his employment.

A tribunal headed by Deputy Director of Public Prosecutions Collin John upheld Sam’s termination from the Public Service in May 2013, concluding that he had been guilty of misconduct.

“We… appealed to the appellate tribunal within the civil service system, and that appellate tribunal also upheld the dismissal of Mr Sam… Once that decision came back, we applied for judicial review of the decision to dismiss Mr Sam, and the matter is now before the court,” said Thomas.

Referring to the impending judicial review, Sam revealed that he and his legal team (Jomo Thomas and Shirlan Barnwell) are still awaiting a date from the registrar for it to be heard.

“It is taking the registrar and the court administrator in excess of six months to give us a date,” he explained. “I believe it is deliberate; it appears to be a deliberate delay and a strategy by the gatekeepers of that state…”

Thomas also acknowledged that following the dismissal of the Government’s appeal, it is possible that the matter could further be taken to the Privy Council – which is the final Court of Appeal.

“In my humble opinion, I think it would be futile for them to attempt to do that. I don’t think they have a legal leg to stand on, based on the judgement. I expect that, on the issue of the transfer of Otto Sam, the issue is done.”

When Justice Gertel Thom ruled, in February 2014, that Sam’s 2010 transfer from the South Rivers Methodist School to the National Emergency Management Organization was “illegal and irrational”, she also concluded that he should make an application for damages within three months.

Thomas divulged that a case to decide upon damages will be heard later this year.

Sam asserted: “No sensible person who had applied their mind to the matter would have made such a transfer. It (the judgement) is also saying to senior public servants that yes, your masters may ask you to do certain things, but your office should act in a wise and judicious manner.”

He further expressed his confidence that God and the law “will prevail” in this matter.

Since his dismissal from public service, Sam said that he has been involved in some “light farming” to keep him active while he soldiers through this ongoing battle.

“I’m here and I’m good!” he insisted. “I won’t be crawling anywhere to anyone to beg of anything.” (JSV)