The civil suit number 023 brought by former Attorney General (AG) Dr. Francis Alexis on behalf of the Chief Magistrate Patricia Mark over her retirement appears to be still remain alive in the court.
The civil case is due to come up on October 7 at High Court Number Two before Justice Francis Cumberbatch.
The Chief Magistrate who is currently on a one-year leave is seeking redress over a letter sent to her by the Ministry of Legal Affairs informing her that it is proposing to advise the Governor General, Sir Daniel Williams that she be retired from the public service on the grounds of age during the reign of the Keith Mitchell Government.
The letter, dated April 1, 2008 and signed by the former Permanent Secretary in the Ministry of Legal Affairs, Ruth Rouse informed Mark that she had reached the mandatory age of retirement and that after she proceeded on holiday in May that she should retire from the service.
Dr. Alexis is contending that by removing his client on the grounds of age is a contravention of the Constitution of Grenada.
He said the power to remove a Magistrate is vested in the Governor General acting on the advice of the Judicial and Legal Services Commission (JLSC) since they (Magistrates) are constitutional functionaries.
Court observers were expecting that with a change of government in St. George's following the July 8 General Elections which saw the then opposition National Democratic Congress taking charge of the governance of the country the matter would have been settled out of court.
Dr. Alexis confirmed to GRENADA TODAY that since the last court sitting earlier this year correspondents have been exchanged between himself and the AG's Office, but according to him, "nothing to talk about."
Speculation is rife that newly appointed Attorney-General, Jimmy Bristol is adopting the same legal position adopted by the previous government on the Patricia Mark issue.
Speaking during a special sitting of the High Court last week to honour the three newly appointed Queen's Council (QC) which included Dr. Alexis, the new AG said that the first case he will be appearing in since his appointment last July is against the new QC.
"By saving bad face, I invite him (Dr. Alexis) to discontinue with the matter," the AG said.
However, Dr. Alexis retorted by telling GRENADA TODAY it seems that the AG is prepared for a fight and that he too was ready for that fight.
When the matter came up for hearing in June Justice Cumberbatch granted leave to Dr. Alexis to amend the fixed date claim form.
Alexis then informed the media that in response to the AG's affidavit, "it is wise for us to apply to the court for a relief, a remedy alternative to the one we originally applied for."
According to Alexis, the AG's affidavit claims that a retirement date has been set for Magistrates."We are very clear, no. No retirement date has been set for the Magistrates," he said.
Alexis said that although a retirement date has been set for public officers, it exempts Magistrates."Our argument is that a retirement date for Magistrates will have to be set by the Judicial and Legal Services Commission... by no other entity on earth. So that is where the battle will be fought out when we get back to court," he said.
Former Magistrate Henry Paryag is now presiding as Acting Chief Magistrate, having replaced Jerry Seales who was first placed in that position by the previous government.
Seales vacated the Bench by proceeding on a three-month no-pay leave which took effect last month.
