Court rules transfer of PS Dean-Roy Bernard was unconstitutional

Dean-Roy Bernard, who was discarded as Permanent Secretary in the Ministry of Education and demoted to Director General in the Ministry of Finance and the Public Service, is to be reinstated as permanent secretary, the Supreme Court ruled this morning.

Bernard's attorney Marc Williams confirmed to The Gleaner a short while ago that the Court ruled that the action was unconstitutional, and he should be reinstated as permanent secretary in the next three months. 

Bernard had challenged the constitutionality of the transfer and asked for his reinstatement. 

Among other things, Bernard argued in court that Prime Minister Andrew Holness had no authority to recommend reassignment and that the Public Service Commission had a duty to review the prime minister's recommendation.

He also argued that neither the Constitution nor the Staff Orders contemplated the forcible removal of a permanent secretary to a lower or other position in the public service.

Bernard's reassignment was done in the wake of the Caribbean Maritime University (CMU) scandal involving then Education Minister Ruel Reid. 

He was appointed in 2016.

- Erica Virtue

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