Can the High Court block the Parliament from debating a report which seeks to censure an MP?
Government and Opposition MPs will be waiting for the ruling ahead of today’s sitting of Parliament.
Oropouche East MP Dr Roodal Moonilal is seeking an injunction to stop the parliamentary debate on the Privileges Committee’s investigation.
High Court judge Jacqueline Wilson reserved her decision on Moonilal’s application after lengthy legal submissions at the Hall of Justice in Port-of-Spain, on Tuesday.
Wilson did not set a time for the delivery of her decision as she merely stated that it would be provided before the debate is set to kick off at 1.30 pm.
In the event that Wilson eventually agrees to grant the injunction, it would set a legal precedent as the court only intervenes in the work of Parliament in exceptional circumstances.
The media were ordered to leave yesterday’s hearing after Senior Counsel Deborah Peake, who is representing Speaker Brigid Annisette-George, pointed out that it should be held in chamber.
Anand Ramlogan, SC, who is leading Moonilal’s legal team and Douglas Mendes, SC, who is representing the Office of the Attorney General, did not object but Wilson still upheld the application and cleared the courtroom.
The attorneys then continued their submissions behind closed doors before the hearing was eventually adjourned shortly after 5 pm.
In the application, Moonilal is seeking to stop Parliament from debating the report pending the determination of his constitutional challenge against the committee.
The contempt of Parliament allegations against Moonilal stems from a series of statements he made in the House on October 9 and 10, last year.
One complaint deals with when Moonilal allegedly told Laventille West MP Fitzgerald Hinds “that’s why Snake have lead for you”, while the other deals with Moonilal’s statements over an alleged deal between Prime Minister Dr Keith Rowley, AV Drilling and a Miami-based company, which was subsequently refuted by Rowley.
Hinds and Leader of Government Business Camille Robinson-Regis raised the issue of privilege and Speaker of the House Brigid Annisette-George, who chairs the committee, agreed to the motion.
The main ground of Moonilal’s lawsuit against the committee is that neither Hinds nor Annisette-George should participate as Hinds is involved in one complaint and because both members had previously made prejudicial statements against him when the issue of privilege was first raised.
Moonilal’s lawyers are also contending that the seven and eight-member committees which is hearing the two complaints are not properly constituted as Parliament’s Standing Orders stipulate that only six members can sit on the committee.
Moonilal initially sought an injunction before the committee was scheduled to meet in early February. However, he abandoned the issue after the committee agreed to stall its work until the case is determined.
High Court judge Avason Quinlan-Williams was initially assigned to the case but recused herself at a preliminary stage.
The committee abided by its guarantee but changed its tune due to alleged delays in Moonilal’s case.