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Stowe may sue Govt. over alleged illegal suspension

Administrative leave: Michael Stowe, executive officer of the National Training Board

The executive officer of the National Training Board is considering suing Government for allegedly illegally suspending him, The Royal Gazette can reveal.

Michael Stowe was placed on what Government — and he — dubbed “administrative leave” in September last year while a probe into the publicly-funded quango’s finances was conducted by the Accountant General.

More than four months later, he has still not returned to work and a letter seen by this newspaper from his lawyer Delroy Duncan to Robert Horton, permanent secretary at the Ministry of Labour, reveals that he believes the way he was suspended broke the law.

Mr. Horton admitted yesterday that the ongoing investigation had “taken considerably longer than might have been expected”.

“We have been engaged in ongoing discussions with Mr. Stowe’s legal counsel as we seek to resolve this regrettably protracted matter,” he said.

But he declined to answer questions about the treatment of Mr. Stowe or a female administrative officer suspended at the same time.

“It would be altogether inappropriate for me to offer any response to the many additional questions that you have posed regarding this matter, although I recognise and respect the public’s interest,” he said.

The letter to Mr. Horton from Mr. Duncan alleges that Mr. Stowe’s suspension breached the Public Service Commission Regulations 2001 and the rules of natural justice.

It alleges that he was not given a copy of or even a chance to read a written statement containing offences he allegedly committed and was not allowed a hearing before he was suspended.

Mr. Duncan wrote that his client had prepared a “detailed and substantive response to each and every allegation” in a report produced by the Accountant General’s department, which “completely exonerates him”.

He added: “Our client is prepared to supply a copy of that response to you for your perusal on the strict understanding that supplying you with this document is without prejudice to his right to pursue all and any legal remedies including judicial review for the breaches of the above mentioned regulations and his right to natural justice.”

A Government source — who asked to remain anonymous — told this newspaper that the report was completed on November 20.

“For more than eight weeks, senior civil servants have been struggling to determine what to do with the report,” said the source. “It is apparent that many of the allegations and findings in the report are without foundation in fact or groundless.”

The source alleged: “Michael Stowe was illegally suspended from his duties at the NTB. It is difficult to imagine that the matter of his illegal suspension from employment is not settled in court.”

The source also claimed that the report “falsely implicated” a Bank of Butterfield employee over the alleged inappropriate handling of NTB funds, yet the officer was never interviewed by anyone from the Accountant General’s department. Mr. Horton did not respond to a question about that. But he did admit that the Accountant General department’s inquiry had led to delays for a number of initiatives at the NTB, which sponsors students on technical courses.

“The absence of the executive officer has placed an additional burden upon the NTB’s remaining staff, all of whom have worked assiduously to ensure that the NTB’s business has not been negatively impacted during the past four months,” said Mr. Horton.

“Staff members have ensured that the needs of the recipients of NTB funding have been addressed on an ongoing basis. Having said that, I would be remiss if I failed to acknowledge that some NTB initiatives, the production of its 2006 annual report and the completion of National Occupational Certification Act Regulations, for example, have been delayed as a result of the executive officer’s absence.”

He added: “Given the fact that our inquiry has taken considerably longer than might have been expected, arrangements are in place for temporary additional support staff to join the NTB with effect from Monday next.”

NTB chairman Herman Tucker and Mr. Stowe both declined to comment.