Ruling in Magistrate' judicial review application for next week
An application for leave of judicial review was heard this morning, Thursday December 1, 2011 in the High Court.
Magistrate 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. She is also accused of misconduct.
However, on September 15, 2011, she broke her silence and told members of the media the reasons for her interdiction are baseless.
She alleged that from the onset of her appointment in 2008, the Senior Magistrate has been abusing her office by undermining her ability to function as Magistrate of the Territory hence creating a hostile working environment for her.
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.
But since that was not the case, Magistrate Rosan-Bunbury alleged that she was subjected to insubordinate staff and Ms. Richards informing court orderlies not to open the court for her sittings.
“I have been accused of misconduct for righty rebuking the subordinate staff member of the court. I have also been accused of dereliction of duty from April 21 through April 29, 2011. This is nonsensical since I have been interdicted for heading the Magistracy during this period,” Mrs. Rosan-Bunbury had told journalists.
Furthermore, the Appeal Court on September 27, 2011, overturned Justice Rita Olivetti’s decision and granted a stay to all disciplinary proceedings by the Judicial Service Commission against the Magistrate until the judicial review is completed.
The injunction was filed on behalf of Magistrate Bunbury because it was felt that such action should have been taken before the interdiction order was served, a press release from her legal team stated.
The release further stated that Justice Olivetti had earlier denied the request on the grounds that there were no serious issues to be tried and that the matter brought before the court by the Magistrate was premature.
To this end, the Appeal Court has also removed Justice Olivetti from the case, which would re-assign to a new judge for future hearings.She is represented by attorneys Dr. Francis Alexis QC, Anandy Trotman-Joseph and Sheryl Rosan of Rosan Law Firm.
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