Judge calls for transformation of TTDF

A High Court judge has called for the urgent transformation of the Defence Force (TTDF) to ensure it has good and effective administration.

Justice Frank Seepersad made the call in a ruling in which he ordered the TTDF to refund to an army private the pension contributions and arrears of salary and entitlements owed to him.

Andy Blackburn sued the State for payment of the benefits after his tour of duty ended on March 9, 2013. He claimed just over $.1 million, including interest, and compensation for hardship, distress and embarrassment. Blackburn, of Tabaquite, said he was entitled to be refunded all short payments and pension contributions.

However, the TTDF countered that he received salary for periods he was absent from duty without leave (AWOL) and all overpayments, including unpaid fines, had to be deducted.

It provided records showing that Blackburn was received salary overpayments of $61,811.66. From that sum, $48,330.06 was forfeited and used to pay part of the overpayment, leaving $13,481.60, which was then deducted from the outstanding balance of overpayment of salary, arrears for rent and ration.

According to the TTDF’s calculations, the balance of $44,905.55 was put towards the payment of $57,537.45 in fines which Blackburn had to pay. The outstanding balance on fines was $12,631.90 and his pension refund amounted to $32,947.62.

However, Seepersad found the TTDF’s calculations incorrect, saying there was uncertainty over the AWOL period and no action was taken for several months to stop Blackburn’s pay.

Instead he calculated the difference in the sum owed to Blackburn, after all the deductions were made, at $38, 476.83, which he ordered the TTDF to pay to the former private.

He also made no order for compensation for breach of statutory duty, and said Blackburn could not reasonably expect to be paid for when he went AWOL.

“To do otherwise would sanction indiscipline and inefficiency and would have a resultant negative impact which would undermine the ethos of military efficiency,” he said.

He was also critical of the TTDF, saying “There was a general expectation for all military organisations to operate with a degree of discipline and regimentation.”

“The evidence in this matter demonstrated significant administrative shortfalls within the Defence Force.

“The payment of salary to an AWOL officer for several months cannot be condoned and may be viewed as being equivalent to a scenario of payments to ghost gangs, who, without justification, receive taxpayers’ money under existing inefficient social programmes.

“The Defence Force, in a society such as ours, where lawlessness is far too prevalent, has a heightened responsibility to operate with procedural regularity, precision and administrative efficiency.”

The judge said the court was alarmed by the contradictory positions on the AWOL period, adding, “Urgent and evident transformation is required so as to ensure that there is good and effective administration of the force.”