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Feb 9, 2021

Andrew Marshalleck Reacts to Judgment

Andrew Marshalleck

Senior Counsel Andrew Marshalleck also reacted to the judgment.  Marshalleck represented Estelle Leslie as an interested party on the matter.  Like Bradley, Marshalleck is not surprised by the decision that Justice Westmin handed down. He says that the claimant does have an arguable case, but during the trial, he would further prove that consultations were had with the Public Service Commission. Marshalleck also says this is an academic case.


Andrew Marshalleck, Attorney for Estelle Leslie

“I can’t say I am surprise given the length for the period of time for consultations. I expected that so short of period could not have been justified except by way of short and that leave when it came to proceed more likely than not have been granted. I also say I can’t say that the interim relief claim was refused. I think the interim relief claim was ambitious on the part of the claimant. It would have been a stretch for the court to unseat the current appointee and leave it vacant so that Mister Haylock can then vie for it.”



“This case may be lost by the government. Is that the way you are seeing it?”


Andrew Marshalleck

“No. You have the first step taken saying that the challenge can proceed. There are obvious things the government can do. It can embark in consultation right now and conduct them straight until March twenty six. I mean the notion that having a offered to short of period for consultation being fatal to the appointment can be corrected. The consultations can be extended. The appointments can be confirmed. The designation of the office as a one zero post can be confirmed.   The consultation isn’t about whose to be appointed. The consultation is whether or not the post comptroller of customs is to be a section one zero post under the constitution. That is the consultation. The argument for designate is to bring the officer directly under the control of the Prime Minister given the provision of section one zero seven and take is away from the Public Services Commission. The argument for doing so is that the Public Service Commission operates under to many constraints and often times can’t act as would be required in relations to such an important post.”

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