Appeal Court to rule on SSA's legal status

THE COURT of Appeal is expected to give a decision on whether the government’s spy agency, the Strategic Services Agency (SSA), can be sued in its own right.

Justices of Appeal Nolan Bereaux and Charmaine Pemberton will give their decision on April 23 in a procedural appeal brought by SSA employee Candice Hoyte.

Hoyte’s challenge of her contract with the SSA was struck out by a High Court judge, who agreed with the State that the SSA was not capable of being sued, as it was not a corporate body under the legislation.

However, Hoyte’s attorney Douglas Mendes, SC, argued that the legal authorities on the issue say the legislation – in this case the SSA Act – did not have to declare it a corporate body or capable of being sued, but the court can infer such.

“The SSA possesses all the inferences that it is capable of being sued,” he said, adding that it was a matter of interpretation.

In response to the appeal, state attorney Randall Hector argued that the SSA was not a corporate body but a part of the State itself, and not just a servant or agent of the State.

The State has also appealed a ruling on the latter by the judge who struck down Hoyte’s claim.

Hector said the judge was right to find that the SSA was not a corporate body, but was wrong in her finding that it was not an agent of the State. He argued the SSA did not possess a legal personality, and performed the core functions of the Government.

Hector said the SSA Act gave the unit autonomy, but not corporate autonomy.

He also admitted that it was because the SSA had the power to infringe on a citizen’s constitutional rights that government worked closely with it. He likened the agency to the UK’s counter-intelligence and security agency, MI5.

After hearing submissions by both Mendes and Hector, the judges reserved their decision.

Also appearing for Hoyte is Clay Hackett. Cherise Nixon, Tracy Vidale and Kendra Mark appear for the SSA at the appeal.