Special grade teacher Alwyn Babb has been found guilty of misconduct and has been suspended for three months on half pay. This action follows his contesting the January 19 General Election in St Peter on behalf of the Democratic Labour Party (DLP), for which he was charged disciplinarily and initially suspended on April 6 this year.
Babb was notified of the decision in a letter on Wednesday from the Ministry of the Public Service, which also indicated that if he wanted to appeal to the local Privy Council, he could do so by applying in writing to President Dame Sandra Mason, through the Clerk of the Privy Council, within 14 days of receiving the letter.
However, the ministry also informed Babb that if he did appeal the decision to the Privy Council, he might be suspended in accordance with Section 98 (1) of the Constitution and would not be paid any emoluments. The letter added that if Babb did not apply to the Privy Council, it would be considered he had accepted the decision and the penalty would take effect.
Commenting on the turn of events, trade unionist Caswell Franklyn who is representing the Lester Vaughan Secondary School teacher, described the action as contrary to law and a “total miscarriage of justice”. He said the ministry had failed to deal with the matter in the legally stipulated time which it had and had taken this course of action following correspondence which he submitted on September 16 pointing out what the law said on the matter.
“I wrote to them on the 16th of September and hand-delivered it, pointing out to them that the life of their thing [case] came to an end and they have not made a decision and they can’t make it now. So, they came on the 5TH of October, didn’t respond to me, and issued this suspension and now giving him the right to appeal before the Privy Council. We will not exercise any such right.
Caswell Franklyn and Alywn Babb.
“That letter also turned around to give him the right of appeal before the [local] Privy Council and they are trying to blackmail him into not exercising that right by saying to him that if he exercises that right he will be suspended in accordance with section 98 (1) of the Constitution. I do not think that section 98 (1) of the Constitution says that, this deals with people who are dismissed from the Public Service.
“When you are dismissed from the Public Service and you appeal you do not get your salary. This decision did not dismiss him, they suspended him for three months on half pay. . .But we are not going to avail ourselves of that provision because the Privy Council does not hear evidence. You write to the Privy Council, you do not have a right to put your case before the Privy Council and that would be decided by some people in a room without Mr. Babb or his representative having the right to put a case, this would be done on memoranda. I never liked that and I don’t intend to go through that, not when there is an alternative.
“The procedure is found at Section 31 of the Public Service Act which says: ‘For any decision other than dismissal you have a right of appeal before the Public Service Appeal Board’,” Franklyn explained, noting that route did not preclude them from also taking court action.
He said attorney-at-law Michael Lashley was on board to deal with any court matter while he would be pursuing the case before the Public Service Appeal Board. He lamented, however, that to date, the government had not established such a board.
“I will deal with the matter before the Public Service Appeal Board if and when they establish it, because that board was put into law in 2010. The first piece of legislation passed in 2010 . . .was an amendment to provide for the Public Service Appeal Board. So far, they have not put it in place. Well, they would have to put it in place now because I am not going to allow Mr. Babb to become a sacrificial lamb,” he said.
Barbados TODAY understands that the second teacher suspended for contesting the January 19 General Election on a DLP ticket, Pedro Shepherd, has been placed on a further three-month suspension but with full pay since he cannot be suspended on half pay for more than six months. A decision on Shepherd’s case is still pending.
Franklyn revealed to Barbados TODAY that he had made a number of submissions to the disciplinary panel which should be referred to the High Court. He said he raised a Constitutional defence and only a High Court could interpret the Constitution.
“Even if it were a magistrate, if you raise a constitutional defence, the magistrate has to stand down and let the matter go to the High Court. Now this panel of people who are lesser ranked than a magistrate decided that they are going to pronounce on a matter even though they do not have the Constitutional right to do so. I even provided them with a copy of the rule 61 of the Supreme Court which says that you have to take this to the High Court. So, rather than deal with the matter in accordance with the law, they chose to give him [Babb] three months suspension,” he said.
Franklyn reiterated that Barbados’ Constitution was clear on the three offices that could not contest a general election – a Judge, Director of Public Prosecution and the Auditor General. He stressed that no General Orders could trump the Constitution of Barbados.
He, however, expressed pessimism about Barbados’ judiciary, saying he had lost confidence in it, especially the frustrating practice where bad decisions were made and written judgements were not provided in a timely manner to facilitate appeals. He said he was still waiting on a written decision on a matter since September 2021 that should have been provided within three months.
