Derek Achong
The Teaching Service Commission (TSC) has lost a case over its refusal to disclose an unredacted investigative report to a teacher who was disciplined based on it.
Delivering a judgment late last week, Justice Marissa Robertson upheld the judicial review lawsuit brought by Deomatie Sookhan against the TSC over its handling of her disclosure request under the Freedom of Information Act (FOIA).
Justice Robertson found that the TSC provided no evidence justifying its decision to provide Sookhan an edited copy of the investigator’s report, which led her to face disciplinary charges.
She rejected the commission’s claim that the sections were withheld to protect the “integrity and conduct of future investigations”.
She found that Sookhan was entitled to the report in order to prepare her defence to the allegations and directed that it be provided within seven days.
Justice Robertson also found that the TSC breached the FOIA by responding to Sookhan’s request outside the statutory time limit.
She found that Sookhan’s constitutional right to equality of treatment from a public authority was also breached, as her attorneys Navindra Ramnanan and Ricky Pandohee pointed to instances where other teachers and public servants were provided with unredacted reports when facing the disciplinary process.
Despite her findings, Justice Robertson did not order monetary compensation as she ruled that declarations over the TSC’s handling of her request would suffice.
She also found that a stay of the disciplinary proceedings was unnecessary as the tribunal ruled that the charges had not been proven based on the evidence before it prior to the determination of the case.
The TSC was ordered to pay Sookhan’s legal costs for pursuing the case. The commission was represented by Monica Smith and Amrita Ramsook.
