FIXED DATE CLAIM FORM

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CIVIL DIVISION
HCV 00131 of 2008
CLAIM NO.

IN THE MATTER OF THE CONSTITUION

OF JAMAICA

AND

IN THE MATTER of part 56 of the Civil

Procedure Rules 2002

BETWEEN DAISY COKE 1ST APPLICANT

AND MICHAEL FENNELL 2ND APPLICANT

AND EDWIN JONES 3RD APPLICANT

AND PAULINE FINDLAY 4TH APPLICANT

AND ORRETT BRUCE GOLDING 1ST RESPONDENT

AND ATTORNEY GENERAL OF JAMAICA 2ND RESPONDENT

The Applicants herein, DAISY COKE, Consulting Actuary of 13 Glenalmond Drive,

Kingston 8, MICHAEL FENNELL, Retired Business Executive of 19 Mayfair, Forest

Hills EDWIN JONES, Emeritus Professor and Senior Research Fellow of 12 Tavistock

Heights, Kingston 6, and PAULINE FINDLAY, Attorney-at-Law of 23 Dillsbury

Avenue, Kingston 6 all in the parish of Saint Andrew claim against the Respondents,

THE HON. ORRETT BRUCE GOLDING, Prime Minister of Jamaica whose address

is Jamaica House, 1 Devon Road, Kingston 10 in the parish of Saint Andrew and THE

ATTORNEY GENERAL OF JAMAICA whose address is NCB Towers, North Tower,

2 Oxford Road, Kingston 5 in the parish of Saint Andrew for Judicial Review and seek

the following Orders:

1. An order for Certiorari quashing the decision of the First Respondent to

recommend to His Excellency the Governor General of Jamaica that the

Applicants be removed from office as members of the Public Service

Commission by reason of misbehaviour.

2. A Declaration that the conduct alleged by the First Respondent does not

constitute misbehaviour within the meaning of the Constitution of

Jamaica.

3. Damages.

4. Such further and/or other relief as this Honourable Court may deem just.

5. An order as to the costs of this claim.

The grounds upon which the Applicants seek the said Orders are as follows:-
i. The First Respondent has breached the rules of natural justice in relation

to the Applicants as members of the Public Service Commission and has

breached his duty to act fairly to the said members of the Public Service

Commission. The Applicants have been denied the right to a fair hearing

to determine whether there is any misbehaviour on their part;

ii. The First Respondent has been guilty of Procedural Unfairness in that he

has failed to give prior notice of his finding of misbehaviour to the

Applicants and he has failed to give them an opportunity to be heard

before coming to his “finding” of misbehaviour;

iii. The conduct alleged by the First Respondent does not constitute

misbehaviour within the meaning of the Constitution;

iv. The First Defendant had an improper motive in making his

recommendation to His Excellency for the removal from office of the

Applicants for misbehaviour, in that his true motive was to prevent the

appointment of Dr. Stephen Vasciannie as Solicitor General of Jamaica;

v. The First Respondent has acted in bad faith;

vi. The First Respondent’s recommendation to His Excellency the Governor

General is manifestly unreasonable in that no Prime Minister could have

reasonably concluded that the actions of the Applicants in the selection of

Dr. Stephen Vasciannie as Solicitor General of Jamaica could amount to

misbehaviour within the meaning of section 124 of the Constitution;

 vii. The First Respondent has denied the Applicants their legitimate

expectation to a fair hearing by an independent and impartial tribunal into

the allegations of misbehaviour against them.

TAKE FURTHER NOTICE that the Applicants reserve the right to apply to amend the
aforementioned grounds upon the actual hearing of the application for judicial
review/administrative orders herein.

We hereby certify that all facts set out in this Claim Form are true to the best of our
knowledge, information and beliefs.

DATED THE DAY OF , 2008

__________________________
________________________
1st Applicant 2nd Applicant

__________________________
________________________
3rd Applicant 4th Applicant

DunnCox

Per:………………………………………
Attorneys-at-Law for the Applicants

NOTICE TO RESPONDENTS

The first hearing of this claim will take place at the Supreme Court, Public Buildings,
King Street, Kingston on the day of 2008 at
a.m./.m. in the noon.
If you do not attend this hearing either personally or by an Attorney-at-law an order may
be made in your absence.
If you do attend, the judge may
(a) deal with the claim, or
(b) give directions for the preparation of the case for a further hearing.

A Particulars of Claim or an Affidavit giving full details of the Claimant’s claim should
be served on you with this Claim Form. If this has not been done and there is no order
permitting the Claimant not to serve the Particulars of Claim or Affidavit you should
contact the court immediately.

You should complete the form of Acknowledgment of Service served on you with this
Claim Form and deliver it to the registry (address below) so that they receive it within
FOURTEEN days of service of this Claim Form on you. The form of Acknowledgment
of Service may be completed by you or an Attorney-at-Law, acting for you. See Rules
9.3(1) and 9.4(3).

You should consider obtaining legal advice with regard to this claim. See notes in
form 2A served with this Claim Form.

This Claim Form has no validity if it is not served within six months of the date
below unless it is accompanied by an order extending that time. See Rule 8.14(1).

[SEAL]

The Registry is at King Street, Kingston, telephone numbers (876) 922-8300 - 9, fax
(876) 967-0669. The office is open between 9:00a.m. and 4:00p.m. Mondays to
Thursdays and 9:00a.m. to 3:00p.m. on Friday except on Public Holidays.

Dated the of 2008.

The Claimants' address for service is that of their Attorneys-at-Law, DunnCox, 48 Duke
Street, Kingston, Telephone No. 922-1500-8, Facsimile 967-7144.
Filed by DunnCox, Attorneys-at-Law for and on behalf of the Claimants herein whose
address for service is 48 Duke Street, Kingston, telephone: 922-1500, Fax: 922-9002