Babb seeks $576 000 for ‘pain and embarrassment’ of suspension over election bid

Veteran physical education teacher and athletics coach Alwyn Babb is suing the Barbados government for more than half a million dollars in damages, claiming he suffered “pain” and “embarrassment” after being suspended for contesting the 2022 general election.

Babb, along with fellow teacher Pedro Shepherd, was charged by the Ministry of the Public Service and sent on half-pay leave for allegedly breaching General Orders 3.18.1 and Paragraph 2 (h) of the Code of Discipline by running as a Democratic Labour Party (DLP) candidate. While they were initially placed on leave for six months, Babb’s suspension was extended for an additional three months.

In 2023, a High Court judge ruled that General Order 3.18:1, which prohibited public officers from actively participating in politics, was unconstitutional. However, this decision came after Babb had already been found guilty and penalised.

Through his attorney Ricardo Harrison, the 58-year-old educator is claiming $576 000 in damages from the Attorney General of Barbados for the period of his suspension and for the hurt, pain and suffering of having disciplinary charges brought against him. According to the claim form, Babb’s suspension had affected his ability to work as a teacher, depriving him of his livelihood.

Stating his client was treated “like a pariah” before all the charges were dropped and he was reinstated, Harrison told Barbados TODAY that the impact of the charges was felt beyond Barbados.

“Even when Babb was travelling overseas with athletes, persons in checking his bona fides wanted to know how serious this matter was before they could grant him certain statuses,” he explained.  

“In his own interest, we felt that he needed some sort of monetary relief to compensate for what this would have effectively done to his career, having been a nationally and internationally recognised athletics coach.”

The educator, who has been in the teaching profession for more than 25 years, is seeking exemplary and aggravated damages, legal costs, and any other relief the court may deem just, along with interest.

“The grounds upon which the reliefs are sought are that the act or decision refusal was irrational, illegal, taking into account irrelevant matters; legitimate expectation, in that the applicant has practised ever since his appointment as a teacher in Barbados in 1997 as a specialist in physical education; unreasonableness; proportionality; and that the decision interferes with the rights of the applicant exercised for
more than 20 years, and which affects the applicant’s livelihood and established practice of teaching,” the claim form stated.

It further contended that the Attorney General, as the respondent, was required to act rationally, reasonably, and proportionately and adopt a course of action that least interfered with Babb’s rights. The teacher’s lawyer argued that his client was entitled to a fair hearing and an opportunity to present his case before any decision was made or confirmed.

The matter came up before Madam Justice Barbara Cooke-Alleyne in the No. 9 Supreme Court on Tuesday. Deputy Solicitor General Marsha Lougheed and Acting Senior State Counsel Fianne Best appeared on behalf of the Attorney General’s Office.

The case was adjourned until April 22.

jeniquebelgrave@barbadostoday.bb