THE Court of Appeal has dismissed an appeal by the Chief of Defence Staff challenging a High Court decision that allowed a former soldier to pursue judicial review over the military’s refusal to roster him for duty after his discharge was ruled unlawful.

In a unanimous decision delivered by Justice of Appeal Nolan Bereaux, with Chief Justice Ronnie Boodoosingh, the court held that the High Court judge was not “plainly wrong” to grant permission for judicial review, clearing the way for Devon Edwards’ claim to proceed.

The appellant, the Chief of Defence Staff, sought to overturn an order made by Justice Joan Charles on June 24, 2024, which refused to set aside leave granted to Edwards to challenge the defence force’s decision not to re-engage and roster him following a prior court ruling that declared his discharge illegal.