April 12, 1999
(Executive Council)

Acting Premier comments on private prosecution arising from dispute regarding gardening position at Government House

Acting Premier Roger Grimes commented on Friday on a private prosecution initiated by Craig Sturge, a member of the Newfoundland Association of Public Employees, against the former President of the Treasury Board, Paul Dicks, the Secretary to the Lieutenant-Governor, Wayne Mitchell and three officials of the Department of Works, Services and Transportation, Daniel Howard, Fred Walsh and Kevin Dicks (no relation to Paul Dicks).

The private prosecution is under Section 5 of the Provincial Offences Act and alleges that the Public Service Collective Bargaining Act and the Public Service Commission Act were breached with respect to the filling of a gardening position at Government House. A private prosecution is one undertaken by an individual; it is not based on a police investigation or a decision to prosecute by the Director of Public Prosecutions, as is ordinarily the case for prosecutions.

"For reasons better understood by NAPE, they are trying to use the Provincial Offences Act to deal with a dispute that should be dealt with under the ordinary procedures for collective agreements, notably through the grievance procedure," said Mr. Grimes.

"The private prosecution against Mr. Dicks is puzzling, as the dispute over the gardening position relates to decisions taken by officials on the staff of Government House and the Department of Works, Services and Transportation and not to anything done by the President of Treasury Board," said Mr. Grimes.

Mr. Dicks, Mr. Mitchell and Messrs. Howard, Walsh and (Kevin) Dicks will continue in their duties while this matter is dealt with in the courts. Legal counsel will be provided for all five at the government's expense, as is ordinary procedure in a matter such as this.

Media contact: Paula Dyke, (709) 729-0329.

1999 04 12                         12:35 p.m.