The lawyers representing the company behind a proposed new medical school say they have enough grounds to appeal a decision by High Court Judge Brian Cottle.
The judge had ruled against Global Education Providers’ (GEP) request for a judicial review of a Cabinet decision to deny the company permission to establish a new medical school.
Attorney Kondwani Williams of Williams and Horsford Chambers on Friday served notice that they are appealing against the written judgement of Justice Cottle on the matter.
The judge ruled in part that “It is not for the Court to seek to substitute its own judgement for that of the Minister. The decision to refuse a license is one which could reasonably be arrived at by the Minister taking into account Section 96 of the Education Act. I therefore dismiss the Applicant’s claim under CPR 2000 56.13(6) I apply the general rule and make no order as to Costs”.
Education Minister Peter St Jean in refusing GEP permission to set up the new facility said he was concerned that with two already established medical schools on the islands whose interns were already accessing the country’s hospitals for hands on experience, the students from a third school could end up overburdening the system.
Under the proposal for the new school however, the company has indicated that it would provide its own medical hospital.
The company attorneys in their grounds of appeal contend that “the learned trial judge erred in law and misdirected himself when he failed to hold that the Minister (Cabinet) had regard to irrelevant considerations or matters not set out in the Education Act: that is to say, that the Cabinet had taken a decision to limit the establishment of medical schools in Dominica to the existing two schools”.
The lawyers contend as well that the judge erred in law when he failed to hold that the minister failed to have regard to relevant considerations, and that he had misdirected himself when he ruled that he could not review the authority “for wrongful administrative action as distinct from interfering with such decisions on its merits”.
The document filed lists seven specific grounds of appeal.
Global Education Providers is the appellant, while the respondents have been listed as Education Minister Peter St Jean and the Attorney General of Dominica.
The hyprocracy! We are in need of doctor’s and the school stated that they are funding their own school hospital facility and we deny them. The court system don’t even know the laws citing an education act for refusal.
Foolishness. We need all the development we can get in D/CA and ministers worried about over burdening the system. Foolishness. I hope none of the readers on here or anyone paying attention believes that….foolishness.
….third medical school is allowed in and Roos Medical School moves out…. This is a political decision only ,so the appeal will fail.
Saying you going and build your own hospital is one thing. Pappy does always say he have money for the International Airport.
You would have to show evidence of a financial commitment from a bank or group of banks who would obviously look at the feasibility of such an undertaking and take into consideration both the direct and indirect financial commitments of each of the Directors and their abilities or capacities to take on such a burden.
I pray that all will be good both for Dominica and the players determined to make Dominica a prosperous nation.
Now that’s a sensible comment. So much of everything redounds to politics. Lawd!
I was wondering if, as posted, the minister’s argument is embedded somewhere in some act or regulation governing the establishing of such entities on island. If not, then the Judge’s finding could very likely be a case for appeal – if his (the minister’s) decision not to grant the concession appears frivolous.
they just don’t want to see dominica grow.
Last time I checked we had an issue finding jobs for returning MDs and the unemployment rate was experiencing a general increase. Maybe we are not quite in a position to be rejecting new business enterprises on superfluous grounds.
Well Curvin love Dominica, i would just leave dem fellas and go St.Lucia and open my University.
Calling Tony , Calling Tony – spin spin spin, . I am not a legal expert but just an idiot wondering if they call the minister to testify on that issue would he be transformed from court moomoo to court lapawol.
Good. So let the legal authorities ,properly researched and articulated , speak!