Christopher Pryde salary suspension trial moved to November

The intended trial of former Director of Public Prosecutions Christopher Pryde, in which he is challenging the suspension of his salary and benefits, has been vacated to November 25.

Pryde filed a civil proceeding against the Judicial Services Commission (JSC) and the President after his salary and benefits were suspended on July 25 last year.

The trial was scheduled for September 22.

Pryde has argued that the JSC failed to give him a hearing, that the suspension was inconsistent with the presumption of innocence and that the commission did not properly assess complaints against him as required under the Constitution.

He has also argued that the action contravened section 117(5) of the Constitution, which prevents the DPP’s remuneration from being reduced except as part of a general austerity measure.

Pryde further argued that the suspension breached section 16(1)(a) of the Constitution, which requires administrative action to be lawful, rational, proportionate and procedurally fair.

He said the President’s decision to suspend his salary was taken ultra vires, particularly given the commission’s alleged failure to act on the complaints or convene a tribunal.

Pryde and his lawyers are seeking:

• an order quashing the commission’s recommendation and the President’s decision to suspend his salary and benefits;

• an order directing the President to lift the suspension immediately;

• an order stopping any further implementation of the July decision; and

• a declaration that the decisions of the JSC and the President were unlawful, unconstitutional and void.

Senior lawyer Shelvin Amit Singh, who appeared for Pryde, told Justice Savenaca Banuve yesterday that the respondents had agreed to the request and were seeking dates in October, November or December.

After consideration, the court vacated the trial to November 25 for a one-day trial.

Justice Banuve said damages would be discussed after the hearing.