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Court declares ‘The National,’Gildarie appeal inadmissible
by The Daily Herald
Posted: Nov 25, 2005 14:06 UTC
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PHILIPSBURG - The Court of First Instance has ruled that the appeal by The National newspaper of government’s decision to reject a request for an employment permit for its reporter Leonard Gildarie is inadmissible.
The Court stated in its ruling dated November 23 that the appeal was inadmissible because it had been submitted too late. The petitioner, The National, should have filed the objection within six weeks after government’s deadline to take a decision on the permit for Gildarie.
The requirement of government to respond to the newspaper’s request of February 21 to issue an employment permit for Gildarie, according to the federal ordinance Foreign Labourers LAV, lapsed in April. Legally, The National should have filed its appeal with the Court by May 17, but only did so on June 16. “By submitting the appeal June 16, the term has expired,” Judge C. Slothouder stated.
Where the term is concerned an exception can only be made under special conditions, which have not been indicated by the petitioner, the Court stated. Government rejected the request for an employment permit on August 2.
The National editor-in-chief Kendall Dupersoy said in a reaction that he would still take action to obtain an employment permit for Gildarie. “I’m not going to let it ride,” he said, announcing that he would file for papers for Gildarie again. And if the request is rejected for a reason he does not consider valid, he will take them to court again, he said.
According to Dupersoy, government has two options. “They either give Gildarie a permit or they supply me with a reporter. I need a reporter. I’m not letting them rest on it,” he said, calling it a “disgrace” that government was “victimising” a local person trying to run a weekly newspaper.
Dupersoy said he could understand the ruling. He said the administrative law LAR was “very particular” about how appeals were filed. “The Court did what it had to do. The filing wasn’t according to the rules. The Judge’s ruling is not wrong. I accept it,” he said. But, he added, for Commissioner Louie Laveist to state that government had won was wrong. “The Judge didn’t even look at the case,” he said.
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