Paul Lismore

[Paul Lismore] Justice on trial: Any case at the industrial court is likely to fail if magistrate Bonomally hears it...

Rédigé par Paul Lismore le Jeudi 20 Mai 2021

You think I am being harsh? Well, let me direct your attention to what the Supreme Court said about the "Learned" Magistrate Bonomally in the matter of JM Huron v Maurivet Limited.

To sum up, it was an appeal in a case of constructive dismissal, lodged in the Industrial court in September 2010 and which the "Learned " Magistrate delivered her judgement when rejecting the appeal on ....10th June 2020, nearly 11 years later! The matter then went to the Supreme Court and these are the salient points in the Judges' findings, delivered on 13th May 2021: 

" In a Judgment delivered on the 10th June 2020, the then Acting Vice-President of the Industrial Court (Magistrate Bonomally) decided, proprio motu (on her own impulse), that the plaint disclosed no valid cause of action and, without going into the merits of the case, she dismissed the action against the respondent, with no order as to costs....Although the notion is simple, the learned Magistrate evaded the main issue which required her determination, namely the simple cause of action as to whether the appellant had been constructively dismissed by the respondent."

" The Judgment on appeal before us reveals that the learned Magistrate completely misapprehended the primary issue which she had to determine and that she instead mistook details related to the respondent’s alleged remuneration and benefits for the real issues in controversy between the parties....The learned Magistrate therefore misdirected herself on the relevant legal principles when she chose to base her decision on ancillary questions, thus failing to properly adjudicate on the live issues before her."

In plain English, the judges are saying that the magistrate did not understand the basic issues raised in the appeal....

You know how I often have a go at the army of copy/paste merchants on Facebook who crave for attention and therefore simply copy what others have written and pretend that it all comes from their tiny little minds...Well, this "Learned" Magistrate has turned copy/pasting into an art form!

The judges agreed with the appellant ground of appeal and concluded that " We must regrettably conclude that the bulk of the Judgment delivered by the then Acting Vice-President in the present matter is an almost exact replica of the core of her other decisions in the cases cited by learned counsel for the appellant."

This was such a bad judgement born out of a combination of laziness, arrogance, and basic ignorance of the law that the Supreme court concluded that " We consider this to be serious enough for us to refer the matter to the learned Master and Registrar for inquiry and for any appropriate measures she may deem fit in the circumstances"

The question now is: Will the Master and Registrar do anything about the scandalous and thoroughly unprofessional behaviour of Magistrate Bonomally? It is quite clear that this is not the only case that she has dealt with in such a callous and "unlearned" manner.

Or will the judicial establishment close rank once again and hush hush the matter? Read the Supreme Court judgement in its horrific entirety in the first comment.  Our justice system is quite ill, I am afraid.

Jeudi 20 Mai 2021

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