by B. Roach
…without expectation of her job back
Attorney Warren Cassell had on behalf of Vickie Stevenson filed an application on October 7, 2019 in the High Court by way of originating motion seeking constitutional relief (to include a declaration) under section 20 of the Montserrat Constitution Order 2010 (“the Constitution”) with respect to the infringement or likely infringement of the Applicant’ s fundamental rights and freedoms as guaranteed by sections 13(1) and 14(1) of the Constitution.
Vickie’s intention was that should her application be successful, she would contest the November 18, Montserrat General Elections. The case was accommodated and fast-tracked the decision handed down by Justice Iain Morley on November 6, 2019, affording her the opportunity to resign and be nominated to contest the elections.
As it is the decision handed down on Wednesday, November 6, 2017, told Stevenson: “…to avoid casual candidacy, and to preserve the neutrality of the public service, there cannot be any ‘anticipation’ of reinstatement…” along with the rest of a long reflective judgment.
Justice Morley had said earlier in the judgment: “If civil service positions were guaranteed after, then this would likely diminish the candidacy, as being too easily pursued, and without consequence.
“Further, there is the danger anticipation of reinstatement would undermine the effect[iveness] of any guidance on neutrality, turning the civil service into an ill-disciplined debating club, generating endless spats in public, irrespective of there being an election.”
Miss Stevenson did not resign to contest the election, but might be encouraged as that in spite of the state of the law and the problems or possibilities surrounding public officers allowed with rejoining (or reinstated) to the service that the new Legislature may find it was worth looking at.
He at the end said: “However, as this has been an important point of law and for public attention, Stephenson and Counsel Cassell are to be thanked for raising matters…”
Was it a hint that she might be favoured after resigning, the judge said: “Finally, the court wishes Vickie Stephenson and all candidates the very best of good luck in the coming election.”
