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A High Court judge has dismissed a judicial review claim brought by a Coast Guard officer who challenged a decision not to recommend or grant his promotion.
Justice Devindra Rampersad dismissed Jeffery Hernandez’s claim, ruling that the decision was lawful and fell within the discretion of the military authorities.
Rampersad court found that while Hernandez met the seniority and examination requirements for promotion, the Commanding Officer and the Defence Force Commissions Board acted rationally in assessing his overall suitability, including unresolved disciplinary concerns, and did not act unfairly, unreasonably or in breach of constitutional rights.
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