Case continues into land deals of former minister
In the case of the former minister, Jose Coye, attorney for the government, Lois Young, today continued her submissions in the preliminary hearing preceding the civil suit. Coye is being sued before Chief Justice, Abdulai Conteh over land transactions the company, CHEOP Enterprises, conducted while Coye was Minister of Health and Area Representative for the Caribbean Shores area. CHEOP developed and sold fifty-seven lots and shortly after the Barrow administration took over, the land title holders were served with letters of caution. Today Young argued that the court should hear the claim of Malfeasance against Coye because people who have left the office are still considered public officers and she contended that the evidence will bear out if the matter comes to full trial. But because Coye is no longer a public officer, his lawyer, Francis Fonseca, thinks Young and the government do not have a case.
Francis Fonseca, Attorney for Jose Coye
“This is a preliminary issue that has arisen out of the process of case management where the Chief Justice has asked both sides to look at a specific question. That question is whether or not the Attorney General can bring an action in the tort of misfeasance in public office against former ministers of government. Certainly, our position is that no, it cannot lie against former ministers of government. We believe that the tort applies to public officers who are currently and actively engaged in their duties as public officers. The essence of the tort of misfeasance in public office is about protecting the public from abuse of office and so it is effectively a private tort in that sense.”
Submissions will continue on Monday and the Government will have an opportunity to respond and to present their submissions. Former Minister of Lands under the P.U.P. government, Florencio Marin is also being sued in the matter. It is a preliminary issue but it is an important one because if it goes to trial, it will stand as precedence for any other ministers of government accused of wrongdoing while in public office.
