Former Registrar of Titles, Alfred McPherson, who was fired by the Government in January 2006, has won his appeal against his dismissal.

The Court of Appeal sent the case back to the Supreme Court for constitutional damages to be assessed in McPherson's favour on Friday.

"I am very pleased with the judgement," McPherson said yesterday.

The judges found that there was a clear breach of the Constitution of Jamaica when the then minister of land and environment recommended to the governor general in January 2006 that McPherson's appointment be revoked.

Provision made

The judges said that at all material times, McPherson, in his capacity as registrar of titles, was the holder of a public office and fell within the purview of Section 125 (1) of the Constitution. The judges said the section made provision for the Public Service Commission to recommend dismissal if there was reasonable cause.

McPherson, an attorney-at-law, was appointed registrar of titles at the National Land Agency in July 2003.

His dismissal stemmed from disagreements with the then chief executive officer of the National Land Agency, Elizabeth Stair.

McPherson said in court documents that the disagreements emanated largely from Stair's attempts to control his statutory authority as registrar of titles.

Stair, in dismissing him, wrote to him in January 2006 describing his conduct as becoming increasingly uncooperative and having a negative impact on their working relationship.

Shortly after receiving the dismissal letter, the governor general revoked McPherson's appointment on the advice of the minister.