Former City Engineer Cephas James recently lost a High Court battle for damages he allegedly suffered after he was axed from City Hall more than three years ago.
Justice Jainarayan Singh Jr, who handed down the ruling said he could find little reason to make absolute the orders that James was seeking.
In April 2005, James filed a High Court action before Justice Winston Patterson following his dismissal, and was granted a temporary order to quash the decision of then minister within the ministry of local government Clinton Collymore to terminate his services as city engineer.
James’ attorney Oswald Legall had argued that his client was not given an opportunity to be heard on the allegations on which his dismissal was based, and that James was not given an opportunity to prepare a defence.
Prior to his dismissal, an enquiry into the malfunctioning of the City Engineers Department was in progress, and the judge found that at all material times James, as head of the department, was fully aware of what was happening. Justice Singh also stated that James was to give evidence before the commission of enquiry.
The judge stated that when James was asked about issues of critical importance to his department he remained silent and refused to answer questions though, “…he must have known that he would be questioned about the department and his personal deficiencies.”
Collymore was represented by Attorney General Doodnauth Singh during the hearing, and one of the allegations that he made against James was that the city engineer spent a great deal of his time at a petrol station that he owns, disregarding his duties at City Hall. James accepted that he spent time at the petrol station but stated that it was only during his lunch break and late in the afternoons.
James also accepted in the High Court that there were deficiencies in his department, but he said that his staff was indisciplined and it was something he could do nothing about.
In the circumstances the court found that it had little choice but to discharge the orders previously granted in the case; dismissing James’ High Court claims.
