Bringing closure to a debacle that has dragged on for months now, a Supreme Court judge yesterday ruled that government officials acted improperly and unfairly when they sought the termination of former Registrar General Elizabeth Thompson earlier this year.
Justice Hugh Small determined that there was “procedural irregularity” and the Judicial and Legal Service Commission breached due process when it advised the governor general to terminate the appointment of Ms. Thompson, who had insisted all along that she was being victimized.
In issuing his ruling, Justice Small quashed the decision made on January 10 to fire the registrar general and said she was entitled to costs.
The firing brought to the fore her alleged unstable relationship with Minister of Financial Services and Investments Allyson Maynard-Gibson, who had said when the controversy broke that the government had decided to use Ms. Thompson in another Ministry.
The saga eventually led to her being given a notice of termination a few months after she was appointed to the post in August 2004 at an annual salary of $51,200. Her contract was set for three years.
In his written ruling, Justice Small referred to the sworn testimonies of relevant witnesses, including that of Estelle Gray Evans, secretary of the Commission.
It testified that by a letter dated November 23, 2004, the permanent secretary in the Ministry of Financial Services and Investments, Sheila Carey, expressed her opinion that Ms. Thompsonﾴs services should be terminated.
“This letter referred to [Ms. Thompsonﾴs] appointment in August 2004 and stated that, although on October 18, 2004 the contract that the government used for all contract officers was sent to her for her signature, [Ms. Thompson] failed to sign and return it and had requested that additional terms be included in it,” the ruling said.
It also said that the permanent secretary requested that a provision in the document that deals with grounds for termination should be invoked to terminate the registrar generalﾴs appointment immediately with the payment of one monthﾴs salary and accrued benefits.
The ruling states that Ms. Carey requested that the Commission terminate Ms. Thompsonﾴs contract on November 23, 2004, two days before the registrar general actually signed and returned the contract documents.
The judge ruled that, “The duty that rested in the Commission was not merely that it should advise the governor general whether she should terminate the appointment of [Ms. Thompson], but also to consider the factual and legal implications of the request of the permanent secretary before it advised the governor general.”
In an affidavit filed on April 1, 2005, Ms. Carey, the permanent secretary, testified that the confidence and utmost trust that the Minister must have that the registrar general would implement the policy decisions of the government no longer existed.
This caused the relationship between the Minister and [Ms. Thompson] to deteriorate. Several meetings, including one between the Minister and [Ms. Thompson] were held to address this relationship, the affidavit indicated.
“The relationship between [Ms. Thompson] and the Minister deteriorated to the point that by the end of October 2004, it became impossible for the Minister to appraise herself of the work of the registrar generalﾴs department as [Ms. Thompson] had stopped attending weekly meetings with the Minister,” the affidavit also stated.
The affidavit said that on December 9, 2004, the permanent secretary informed the registrar general that her appointment was being reconsidered.
Ms. Carey indicated that she informed Ms. Thompson that an alternative post was being considered for her, but in the absence of a formal letter she was still the registrar general and should continue to perform those functions.
The permanent secretary said in her affidavit that she informed the registrar general of the intended termination. Based on everything that had transpired previously, “it was my opinion that [the registrar general] was aware of the reasons for the intended [termination.]”
Ms. Careyﾴs affidavit also stated that the Ministry received reports that Ms. Thompson was sending out correspondence “that could damage the integrity and credibility of the registrar generalﾴs department and that [Ms. Thompson] was taking punitive action against staff members who she perceived did not support her.”
In her affidavit, Ms. Thompson, admitting that there was an issue of confidence between herself and the Minister, alleged that this was due to the Ministerﾴs interference with her functions by issuing a directive that she incorporate companies for a customer who owed the government fees of approximately $6,000.
Ms. Thompson also said there was friction with the Minister due to her (Ms. Thompson) objecting to the manner in which she was spoken to by the Minister; and provocative comments that the Minister made about the registrar generalﾴs mother.
In addition, she said that the relationship deteriorated due to the long delays, deferment and cancellation of scheduled meetings between herself and the Minister and the events that took place when the registrar general declined because one of her children was ill to attend a rescheduled meeting which was to take place after 5pm on a Friday.
In her affidavit, Ms. Thompson said she communicated this to the permanent secretary.
“The permanent secretary subsequently relayed a message to her from the Minister that if she did not attend the meeting, the Minister no longer wanted her to be the registrar general,” the ruling said. “It was after this that the Minister ceased communicating with her in [her] capacity as registrar general and inspector of financial and corporate service providers.”
Speaking with reporters after the ruling, Ms. Thompson said, “Today, I have been vindicated not only by the court system, but by the good Lord himself. I would like to thank God for the victory that he has allowed me to have today.”
As to whether she will return as registrar general, Ms. Thompson said, “Substantively, I am the registrar general. But let me be frank; to work again with [Minister] Allyson Maynard-Gibson, I donﾴt wish that on anyone.”
However, when Minister Maynard-Gibson was contacted for comment on the ruling, she said that she had not yet read it and that questions regarding the ruling would have to be answered by the Attorney General.
The Minister maintained that Shane Miller is the registrar general and added that he is doing an exceptional job in his department.
Ironically, the ruling by Justice Small came on the same day celebrations were ongoing, marking the 30th anniversary of the registrar generalﾴs department.
Bianca Symonette, The Bahama Journal
