The government is to pay $2.6 million to claimant Talbert Smith for constitutional breach after a Supreme Court Judge who reserved judgment in December 2010 went on retirement in 2015 without delivering the judgment in his lawsuit.
Smith was awarded damages in May 2022 in the sum of $2.1 million by the Supreme Court for breach of his constitutional right to a hearing within a reasonable time. The judge granted the declarations Smith sought that his right had been breached, the trial was a nullity and retrial was an impossibility.
He appealed on the basis that the award was too low and the Court of Appeal on November 8 increased the award to $2.6 million with interest at six percent from January 2015 to May 2022.
Smith had filed a claim against his former employer West Indies Alumina Company in 2009. He sought damages for wrongful dismissal and/or breach of contract in the sum of $19 million.
A complaint was made against Smith in April 2003 during the course of his employment as grade 1 rope operator with the company. Arising from the complaint, Smith was arrested and charged with fraudulent conversion and obtaining money by menaces.
Based on the same complaint he was suspended from work and subsequently dismissed in October 2003 before the case in the criminal court was completed. The prosecution dropped the charge of fraudulent conversion. He was tried on the other charge and was acquitted in June 2007, but the company refused to reinstate him.
Smith filed a lawsuit against the company in 2009 and the claim was heard and judgment reserved in December 2010. A letter was sent to the trial judge in 2011 by Smith’s then attorney-at-law enquiring about the judgment.
Smith sent a letter in August 2015 after the judge had retired to the then Chief Justice asking about the judgment.
In his claim, Smith referred to the prejudice he suffered due to the inordinate delay since judgment was reserved. He also spoke to the prejudice it would cause him to have a retrial since civil cases were being set for 2025 and 2026.
The respondent, who was the Attorney General, opposed the claim on the basis that there was the possibility of a trial before 2025 based on information received from the court administrator at the time.
However, the court, comprising the President Justice Marva McDonald Bishop, Justice Carol Edwards and Justice David Fraser, ruled that: “As a result of the delay in handing down the judgment and the delay in having a trial within a reasonable time, the appellant will never have a hearing and never have a chance at recovering for the cause of action claimed. Thus he has lost the protection of the law.”
Smith was represented by attorney-at-law Keisha Spence instructed by Henlin Gibson Henlin.
Attorneys-at-law Katherine K Francis and Romario Miller represented the AG and were instructed by the Director of State Proceedings.
The interested party, West Indies Alumina Limited, was represented by attorney-at-law Kathryn Williams instructed by Livingston Alexander and Levy.
Source: Jamaica Gleaner
