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AFTER the High Court struck out his constitutional claim last year, legal officer for the Trinidad and Tobago Police Service (TTPS) Cpl Zaheer Ali has been given the green light by the Court of Appeal to pursue his lawsuit against the State over allegations of discrimination in the police promotion process.
In its ruling delivered yesterday, the panel comprising Chief Justice Ronnie Boodoosingh, Gillian Lucky and Geoffrey Henderson overturned the decision of Justice Marissa Robertson, who had dismissed Ali's claim as an abuse of process before the State had even filed evidence in response.
The appeal centred on whether Ali should have pursued judicial review proceedings instead of filing a constitutional motion. Justice Robertson had accepted the State's argument that the existence of another legal remedy made the constitutional claim inappropriate.
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