Expelled CMU student gets his day in court
SUPREME COURT Justice Simone Wolfe-Reece on Wednesday heard an application by a former student of the Caribbean Maritime University (CMU), who sought judicial review of the institution’s decision to expel him.
The student, Timoy Burte, through his counsel, Maurice McCurdy, made an application and submitted to the court that leave should be granted for judicial review to quash the institution’s decision, given that the rules established for disciplinary hearings were not followed.
McCurdy is contending that the institution breached natural justice and violated his client’s right to be heard in a fair and impartial manner.
“The matter is now sub judice and so it would be improper for me to comment at this time, suffice to say I am confident that the applications before the court are appropriate given the circumstances by which my client was expelled,” said the Montego Bay-based attorney.
Documents received by The Gleaner reveal that a disciplinary committee hearing was scheduled for October 9. Burte has indicated that the date of the hearing was brought to his attention on October 6, giving him only three days’ notice.
Burte stated i n the sworn documents that he was not allowed the latitude to question his accusers and also was not given a fair opportunity to submit evidence in his defence.
He is accused of major and gross misconduct, verbally harassing and intimidating other students of the institution at an off-site accommodation complex on or around May 2023.
Burte was a final-year student of the CMU, studying for a Bachelor of Science ( BSc) i n Marine Transportation and Nautical Studies, and is seeking a mandatory injunction to be allowed to complete his final semester, pending the hearing of his judicial review application.
The CMU, in expelling Burte, has indicated that, instead of a BSc, they would grant him an associate degree which Mr McCurdy contends is insufficient and only a reinstatement to his original programme would suffice, pending the hearing.
In his statement, the respondent says he has never been sanctioned by any disciplinary committee of the university during his four-year tenure.
“If you are going to play judge, jury and executioner, proper care must be taken to ensure the integrity of each role must be separately preserved,” said McCurdy.
Wolfe-Reece, after hearing arguments from Burte’s lawyer and King’s Counsel (KC) Symone Mayhew, who is representing the CMU, reserved her decision until March 13, 2024.
The Gleaner contacted Mayhew who said she was unable to speak about the case, owing to the fact she had not received permission from her clients to do.