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A High Court judge has dismissed a constitutional claim brought by a former Defence Force soldier, ruling that her 2014 discharge on the grounds of “completion of engagement” was lawful, reasonable and did not breach her constitutional right to protection of the law.
In a written judgment delivered by Justice Joan Charles, the court found that the Defence Force acted within its statutory powers under the Defence Act when it discharged Jenna Jackson after her first term of service and declined to re-engage her, despite her claims of unfairness, illegality and a denial of natural justice.
Jackson, represented by attorney Ronald Simon, had challenged her discharge from the Defence Force on August 4, 2014, arguing that it was premature, irrational and unconstitutional. She sought declarations that the decision infringed her rights under Section 4(b) of the Constitution, reinstatement to the Defence Force, compensation for lost earnings and benefits, and damages.
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