Former Cabinet Secretary Gemma Bain-Thomas did reject an offer from the ruling New National Party (NNP) administration to pay her in installments over a six year period nearly three-quarter of a million dollars owed to her following a court ruling in her favour against Prime Minister Dr. Keith Mitchell.
THE NEW TODAY was able to obtain a letter sent to government by former Attorney General, Rohan Phillip who was successful in the court battle against Dr. Mitchell who unconstitutionally removed Bain-Thomas from the post of Cabinet Secretary after he was returned to power in the 2013 general election.
Phillip rejected the proposal on the grounds that the money offered amounted to the same monthly salary that the Cabinet Secretary was getting based on her salary scale as a public officer.
The letter said in part: “The said proposal of quarterly payments from March 2019 of $18,414.00 as the first payment and thereafter $27,621.00 each quarter until the final quarterly payment in 2025 of $18,414.00 have since been discussed with my client and taken her instructions for response.
“At the outset, a review of the Government’s proposal reflects that it is effectively the payment of the initial judgment debt of $672,108.00 over a period of 73 months in the sum of $9,207 per month with zero interest being paid until my client attains 60 years of age and become eligible for her pension and gratuity.
“The proposal clearly failed to take into account that this debt had been payable from August 1, 2018 when my client was removed from the Government’s payroll; and that all judgment debts now attract the payment of interest at the rate of 6% per annum pursuant to section 27A of the West Indies Associated States Supreme Court (Grenada) Act, Chapter 336 of the Continuous Revised Edition of the Laws of Grenada.
Dr. Mitchell stated publicly that he was annoyed by the decision taken by the 2008-13 Congress government of then Prime Minister Tillman Thomas to get the Public Service Commission (PSC) to appoint Bain-Thomas to the post of Cabinet Secretary since it did not provide him with an opportunity to remove her from the position.
Within days of assuming the position of Prime Minister, Dr. Mitchell reportedly instructed his then Attorney-General, Cajeton Hood to take action for Bain-Thomas to be relieved of her duties.
The high court delivered a judgment in favour of the embattled Cabinet Secretary who is still locked in court action against the government to collect on the proceeds from the judgment.
Following is the full text of the Rohan Phillip letter rejecting the payment offer: