Round two! Interdicted Magistrate heads to Court of Appeal
Virgin Islands News Online was reliably informed that Rosan-Bunbury’s legal team is hoping that the appeal will be heard sometime during next week’s Court of Appeal sitting scheduled for January 16 through 20, 2012. They are asking the Court of Appeal to stay the Judge’s decision and to reverse his judgement.
Judge James, in his decision, stated that after he carefully considered all the factors in the case including affidavit evidence, submission of Counsel and the authorities which he had been referred, he was satisfied that the applicant [Bunbury] had not made an arguable ground for judicial review having a realistic prospect of success, “and as such judicial relief is therefore denied”.
Interestingly, the Appeal Court on September 27, 2011, had overturned Justice Rita Olivetti’s decision and granted a stay to all disciplinary proceedings by the Judicial and Legal Service Commission against the Magistrate until the judicial review is completed. The injunction was filed because it was felt that such action should have been taken before the interdiction order was served.
Magistrate Rosan-Bunbury was interdicted on May 4, 2011 for insubordination and misconduct.
She was interdicted from duty by the Governor on the advice of the Judicial and Legal Service Commission (JLSC) for allegedly being insubordinate to Senior Magistrate Valerie Stephens, Deputy Governor Inez Archibald and Permanent Secretary (PS) in the Deputy Governor’s Office David Archer. Rosan-Bunbury is also accused of misconduct.
The circumstances surrounding her interdiction stemmed from her heading the Magistrate’s Court from April 21 through 29, 2011 when Magistrate Stephens was overseas because according to Magistrate Rosan-Bunbury, Senior Magistrate Stephens allegedly had wanted the now additional Magistrate Tamia Richards to preside.
However, Magistrate Rosan-Bunbury alleged that she was subjected to insubordinate staff and Richards informing court orderlies not to open the court for her sittings.
She is represented by attorneys Dr. Francis Alexis QC, Anandy Trotman-Joseph and Sheryl Rosan of Rosan Law Firm
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