Government has been ordered to pay out close to $700 000 to five education officers who were denied allowances from as far back as 2003, in a case that could impact others in similar positions.In addition to finally getting the allowances due to them, those among the five who have retired will receive increased pension and gratuity while the others who are still employed will see a significant increase in their salaries from next month.Their attorney Gregory Nicholls described the High Court decision as an example of “justice prevailing against all odds”.In a recent ruling previously unreported in the media, Madame Justice Shona Griffith ordered Government to pay the sum of $682 080.95 in pensionable allowances due to education officers Vaneisha Cadogan, Pamela Hunte, Peggy Agard, Pauline Miller and Celeste Clarke-Cox, who in 2014 challenged the decision of the Ministry of Education to deny them the payments that they argued were due in accordance with Government policy.
Queen’s Counsel Larry Smith recently secured another constitutional court victory against the state.This time it was on behalf of former accused Shamar Tyrone Patrick of Chapman Village, St Thomas who was awarded $35 000, by the High Court, for breach of his constitutional rights.Patrick was 16 years old when he was charged with the February 3, 2006 offence of causing serious bodily harm with intent to maim, disfigure or disable another.The matter was before the Magistrates’ Court and after multiple adjournments the preliminary inquiry got underway before now retired Magistrate Roberts Simmons on February 16, 2007 and went on until July 23, 2012. It was then adjourned sine die and never came back on for hearing.
Former murder accused Pedro Deroy Ellis has won another case against the State for breach of his constitutional rights, just over a month after the court awarded him $75 000 for wrongful detention.However, the amount he will receive in damages will not be known for another two weeks.Justice Cecil McCarthy, who heard the case, has instructed lawyers for both sides to file submissions on the quantum of the award by August 24, following which he is expected to hand down a written decision on August 30.In May 2013, Ellis was arrested for the May 5, 2013 murder of Antonio Harewood and was remanded to prison. In February 2014, he made his first of many bail applications before the High Court.However, all his attempts were unsuccessful. One such application was made in December 2016, a decision he subsequently took before the Court of Appeal. He filed the notice of appeal in March 2017 and the matter was heard by a panel of judges in March 2018. The decision was handed down a year later.Ellis
Defense attorney Queen’s Counsel Larry Smith says his client, former murder accused Pedro Deroy Ellis, feels “vindicated” by the High Court’s decision to award him $75 000 in damages after he was unlawfully incarcerated.The outcome of the constitutional case, he said, had “set aright” an error.On Monday, Madam Justice Shona Griffith ordered that Ellis be paid $50 000 in non-pecuniary damages and $25 000 in vindicatory damages, given that his constitutional rights had been breached when he was remanded to prison for 18 days after his criminal trial was concluded in the High Court and he was found not guilty of murder.