By Barbara Gayle, Staff ReporterJUDGMENT HAS been reserved in the application brought by Inspector Max Marshalleck and several other inspectors who are seeking leave to go to the Judicial Review Court for orders to quash the election this year to the Inspectors' Branch Board of the Police Federation.
Miss Justice Ingrid Mangatal heard legal arguments yesterday in the Supreme Court and reserved her decision.
Inspector Marshalleck and the other inspectors are contending that they were not given an opportunity to participate in this year's election to the Branch Board.
The Branch Board was unsuccessful on Monday in its attempt to get an order from the Court of Appeal to bar Inspector Max Marshalleck from going to the Supreme Court yesterday with the application.
APPLICATION TURNED DOWN
Mr. Justice Clarence Walker after hearing the application in chambers at the Court of Appeal, turned down the Branch Board's application.
The Branch Board had at first brought an application in the Supreme Court this month to bar Inspector Marshalleck from applying for leave to the Judicial Review Court on the ground that the application was an abuse of the process of the court.
Miss Justice Mangatal heard the application and threw it out on September 15. She granted the Branch Board leave to appeal her ruling. The judge also gave Inspector Marshalleck the go ahead to make an application for leave to appeal to the Judicial Review Court.
The Branch Board was seeking to stay Inspector Marshalleck's application on the ground that it has an application pending in the Court of Appeal against Miss Justice Managatal's order.
WRONG PROCEDURE
Inspector Marshalleck and the inspectors who are represented by attorney-at-law Seymour Stewart are contending that some of the inspectors were not given the opportunity to vote during the election to appoint officers to the Board and are seeking to have the election set aside. They first took the matter to the Supreme Court in June this year but Mr. Justice Bryan Sykes heard the matter and ruled that the application was brought by the wrong procedure and threw it out. The judge said the application should have been brought by way of Judicial Review.
Following that ruling Inspector Marshalleck filed another application in the Supreme Court to have the dispute heard by way of Judicial Review. The Board in its ground of appeal filed last week Thursday is contending that Miss Justice Managatal erred when she took into account irrelevant matters and presumed that Mr. Justice Sykes exercised his discretion to strike out Marshalleck's claim without regard for the power of transfer allowed under Rule 65 of the Civil Procedure Rules or the general powers of case management.
