After judge’s criticisms, Defence Council gives ex-soldier $60k

  • Nov, Tue, 2024

The Defence Council has granted retired army corporal Christopher Alibocus an ex-gratia payment of $60,000 for training, after a ruling that the Defence Force (TTDF) violated his right to natural justice in revoking his resettlement training award (RTA).

The council’s written decision, given on November 15, acknowledged procedural flaws in the TTDF’s handling of allegations against Alibocus, including absenteeism during his resettlement training at the Licensing Authority’s Transport Division.

Alibocus denied the claims, arguing that he was removed without evidence, legal recourse or the opportunity to defend himself, since he was still subject to military law at the time.

The council’s ruling followed strong critcisms by the High Court of its delay in handling Alibocus’ petition.

Alibocus, who enlisted in 2003 and retired in December 2023, sought clarification on his entitlements after the TTDF revoked his RTA three months into the programme.

Resettlement training prepares service members for civilian careers by providing them with marketable skills, with an internal policy limiting members to one training course.

In its findings, the council agreed Alibocus was denied a hearing on the allegations, contravening the TTDF’s standing orders.

The Chief of Defence Staff (CDS) was also criticised for participating in deliberations despite being a witness, a situation described as unfair and suggestive of bias.

The CDS eventually recused himself.

The council ruled that the $60,000 payment was a fair remedy, considering the unjust revocation of Alibocus’ RTA.

In ruling in July, Justice Frank Seepersad gave the council 35 days to consider Alibocus’s petition for another resettlement opportunity as he ruled the council’s delay was unreasonable and in breach of its statutory duty.

Seepersad condemned the council’s dysfunction and failure to address backlogs effectively, including Alibocus’ petition. In his lawsuit, determined by Seepersad, Alibocus argued that he was entitled to benefit from the TTDF’s resettlement training policy.

In its defence, it was argued that the council was inundated with a volume of matters, contributing to a failure to decide on Alibocas’s petition.

Alibocus was represented by attorney Arden Williams.

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