Minister of Foreign Affairs Fred Mitchell speaks in the House of Assembly.
By RASHAD ROLLE
Tribune Staff Reporter
rrolle@tribunemedia.net
STRIKING a tone of defiance, parliamentarians reacted with outrage in the House of Assembly yesterday to Supreme Court Justice Indra Charles’ historic ruling that Education Minister Jerome Fitzgerald infringed on the constitutional rights of Save The Bays’ members when he tabled private emails and discussed financial information allegedly related to the group in the House of Assembly in June.
The heart of democracy in the Bahamas was under attack, they argued, with Marco City MP Greg Moss suggesting that without Parliament’s “restraint” in addressing the matter, the ruling could lead to a constitutional crisis.
“Let’s move this on to the Court of Appeal as soon as possible and let more sober minds deal with this,” he said.
In a sign of how high tensions ran on the matter, Mr Moss raised the spectre of corruption, questioning whether Save the Bays was “forum shopping” given that it has had several of its cases before Justice Charles.
“Why are all these controversial cases coming before the same judge,” he asked, prompting parliamentarians to beat their desks in approval. “I’m not able to answer that. That should not be an issue I have to speak to in this House because the Supreme Court is supposed to conduct itself with judicial decorum not to create a constitutional crisis with the Parliament in this country.”
House Speaker Dr Kendal Major expressed shock at the ruling, which he said appeared to violate the principle that underpinned the country’s democracy.
“To say that I am astounded by this ruling would indeed be an understatement,” Dr Major said.
“It would appear to violate the principle of the Separation of Powers which has underpinned our democracy and the centuries accepted belief of Parliament’s right to protect its privileges. Parliament and its members have a right to privilege and members of this House have been given the constitutional privilege to speak freely.
Dr Major said: “This has been unquestioned for centuries. This is an accepted principle in the Courts and Parliaments throughout the Commonwealth. Meanwhile, the Parliament will continue unfettered. As chair I am unaware of any jurisdiction anywhere in the commonwealth where the court attempts to curtail the actions of Parliament of any member.”
Although Justice Charles did not conclude that Fox Hill MP Fred Mitchell infringed on the constitutional rights of the Save the Bays members, Mr Mitchell nonetheless arose and said the decision is a “serious blow to the Parliament and its work.”
“It is therefore incumbent that the matter be prosecuted through to the Privy Council with dispatch,” he said.
For his part, Marathon MP Jerome Fitzgerald, ordered to pay $150,000 in damages by Justice Charles, defiantly said the House Speaker alone could stop him from speaking in Parliament.
Mr Fitzgerald said he did not use illegal means to obtain the information he tabled in the House in June.
“I have said before and I say again that I never ever engaged in any illegal activity to obtain the information I read and tabled in this place,” he said. “Having reviewed the judgment no evidence at all was produced to show or prove I obtained the information illegally. I am therefore at a loss as to how the court came to such a ridiculous conclusion that I obtained the information through illegal means. I am under no requirement by law to reveal how I obtained the information I received. He who asserts must prove. There is no more basic tenant in law.”
Mr Fitzgerald said if those who accused him of being involved in criminal activity fail to provide proof of criminality, he will pursue “every legal remedy” available to him “against those who have made those wild, unfounded and damaging statements.”
In condemning the ruling, Mr Moss highlighted relevant aspects of the Constitution and the Powers and Privileges (Senate and House of Assembly) Act to argue that courts don’t have jurisdiction over Parliament.
The Powers and Privileges Act, for instance, says: “No civil or criminal proceedings may be instituted against any senator or member for words spoken before, or written in a report to, the senate or the House respectively or a committee, or by reason of any matter or thing so brought by him by petition, bill, motion or otherwise.”
As for the Constitution, it says: “Without prejudice to the generality of Article 52(1) of this Constitution and subject to the provisions of paragraph (2) of this Article, Parliament may by law determine the privileges, immunities and powers of the Senate and the House of Assembly and the members thereof.”
The provisions of paragraph two in article 53 of the constitution only relate to the procedure for passing money bills in the House of Assembly and the Senate.
Mr Moss said the ruling is “scandalous” and opens the possibility that the Court could dictate to Parliamentarians what they must say in the House of Assembly.
“We have to cross party lines on this,” he said. “We cannot disagree on the core statement that we make laws…and we do so without fear of anyone, including the courts.”
Comments
CommonSense 8 years, 3 months ago
So basically, because you're an MP you should be held above the law?
Sickened 8 years, 3 months ago
What they are saying is they have more rights than the common man and that the constitution does not apply to those in the House of Assembly.
It is time to rid The Bahamas of these egomaniacs.
I smell a dictatorship coming!
BoopaDoop 8 years, 3 months ago
or a monarchy. I think Perry would prefer to be King than President.
Required 8 years, 3 months ago
Newsflash: We already are a monarchy. Marguerite P. is the local representative of Her Majesty Queen Elizabeth II. (We just tend to forget 'cause Perry dem run this place into the ground so bad, we barely ever get to see that blue marlin bill...)
Sickened 8 years, 3 months ago
Why are you speaking about fish? LOL!
BoopaDoop 8 years, 3 months ago
The difference between the PLP and the official opposition party FNM. These jokers stick together and protect their own even if they have a difference in opinion.
Alex_Charles 8 years, 3 months ago
What they are doing is dangerous. If they appeal and win, which they will, they will set the precedent that parliamentary privilege Trumps the supreme law of the land, the protections afford by the constitution. But We are a country that's against constitutional changes so IDGAF. Sieg Heil Mein Führer Christie!
Tarzan 8 years, 3 months ago
They will appeal. They will not win. They will lose cold. The law is quite clear. Parliamentary privilege does not trump rights guaranteed in the Constitution. There are numerous cases in point in Great Britain.
licks2 8 years, 3 months ago
This case has been before the PC four times. . .lost each time! Parliament privilege does not cover committing "a crime" while in the precincts of the house!
If they refuse to comply with the court. . .then we will not. . .then nobody is safe. . .not even them! John Locke wrote that when governments become tyrants and refuse to comply with civil liberties and the rule of law. . .it is time for the people to take up arms and remove them from power!
These MPs must be very careful. . .they are heading down a very dangerous road. . .not all men are restrained to remain civil. . .I and some of you, because of our age may remain civil. . .revolutions are started for stupid actions as we see in our HOA! They need to chill until the COA tells them they can't do what them two did. . .then the PC will tell them the same. . . the PC had already told three nations in this region that they cannot do so. . .one in Britain. . .this over man!
Well_mudda_take_sic 8 years, 3 months ago
Toxic Fumes Fitz was not sitting in an official session of parliament at the time he illegally obtained the private emails ergo he had no parliamentary privilege at the time he committed the illegal act that later caused the damages for which he was ordered to pay restitution of $150,000. The Judge ruled correctly and more than fairly in this matter. In fact many were surprised the Judge did not seem to award the Save the Bays' legal costs against Toxic Fumes Fitz. Not unexpectedly, our buffoons in parliament now want to attack the integrity of the Judge in anyway they believe serves their own selfish interests as opposed to the interests of the Bahamian people under the Constitution of the Bahamas. What a joke!
Tarzan 8 years, 3 months ago
So the position of the ruling party is that a sitting member of parliament can come the house, and do or say anything he wishes, whether relevant to legislation or discussion properly before the house or not, and such Member has a blanket immunity regardless of the law of the land? That is idiocy and there is ample precedent from Great Britain and other parliamentary democracies that such is not the case. This is typical of bullies faced with a courageous opponent. Make faces, scream and yell while cowering behind whatever bench or tree they can find handy. All this noise will simply "go away" when they are rebuked in court decision after court decision. God save freedom and the rule of law!
realfreethinker 8 years, 3 months ago
Real f..ck..g clowns. Where do they get off at believing that they can just trample over the rights of the citizens of this country. The reason for the seperation of powers is for this very same reasons they are fighting against. Bahamians have no access to the HOA to defend themselves, thus the courts. I blaame the speaker,who has responsibility to protect us from the largesse of parliament. He now feign indignation,when he was the one who allowed the member to infringe on the constitution rights of privacy for STB. Who will protect us from the tyrannical arm of government,if not the courts
Well_mudda_take_sic 8 years, 3 months ago
The Speaker of the HOA (Kendal Major) is weak, i.e. he has time and time again demonstrated a lack of appreciation and understanding of our Westminster Parliamentary System of Government and our Constitution as they relate to proper and orderly parliamentary proceedings and the permissible actions of sitting members of our House of Assembly.
realfreethinker 8 years, 3 months ago
Look at BJ , fast asleep,just like the gov. what a disgrace. I have never seen a term in gov where so much is going wrong in our country
truetruebahamian 8 years, 3 months ago
Jerome Fitzgerald infringed upon the rights of ALL BAHAMIANS, non-Bahamians, Residents and Visitors. He must pay or sling his backside in Fox Hill Prison where it belongs for assuming that he is above the law and knowingly and purposely breaking it.
watcher 8 years, 3 months ago
How will all these idiot politicians react if / when a member of the opposition decides to read out their bank account balances in Parliament? Hmmmm.......once Pandora's Box is opened and you can say what you like in the House (regardless of the Constitution) then surely we are headed towards sheer anarchy.
banker 8 years, 3 months ago
Parliamentary privilege does not allow one to break the law. They are all too stupid, dense, retarded, foolish, ill-advised, irrelevant, laughable, ludicrous, naive, senseless, short-sighted, simple, rash, thick, brainless, unintelligent, dim, dolted, dopish, half-witted, insensate, obtuse morons with no sense of human decency, dignity or patriotism. It is a disease that they possess. My grandmother called it by a term .. a derogatory term starting with "N" for Black people with the suffix "itis". And she was a princess of a woman from Moss Town.
Arrow 8 years, 3 months ago
So the judge is able to rule correctly on other matter but when it comes to the idiot minister she is questioned. I am sure she made a decision within the constraints of the law and if she err why hasn't the attorney general not spoken out. Members of parliament must be mindful that they are put there to advance the cause of the people and not to act reckless and irresponsible. If you do the crime pay the time!
OMG 8 years, 3 months ago
And this is the man who outright lied on ZNS saying school repairs were completed and now says it will be very tight to complete repairs before school opens, and therefore contracts will be hurridly given out without scruitiny .?????
Well_mudda_take_sic 8 years, 3 months ago
This is also the man who conspired with Allyson Maynard-Gibson (more affectionately known as 'The Wicked Witch of The West') to cover up the serious health hazard posed to his constituents by the toxic fumes and contaminated ground water caused by the major leakage of the gas station tanks at the Rubis/Texaco gas station in Marathon.
birdiestrachan 8 years, 3 months ago
There is a need for Julian Assange in the matter.. it appears There is something serious going on at Save The Bays. Payments to Togie and Bullard and the resignation of Pintard. Do you people know the law or are you all motived by hate. What if it is true that they were trying to destabilize the government and why was this fellow brining Doc Fish in his gated community. This situation is very deep. Now how many of the out spoken QC cases are before this same judge??. I am just asking The out spoken QC said he was paying Pintard for advise? I hope the truth of this matter will come to light. it seems to be deeper than what is seen and heard. My view.something just does not seem right.
ThisIsOurs 8 years, 3 months ago
What if it's NOT true they were trying to stabilize the government? But what if it IS true that green men just landed in a space ship downtown? Why? Because it's in print.
What IS true is, Jerome Fitzgerald read private and confidential information that he knew was private and confidential while having no authorization to read them. That's about all the court can rule on.
licks2 8 years, 3 months ago
Bingo. . .that's why MP Mitchell did not get "slammed" in the ruling too. . .he did not read any of the document nor "found" it in the "political garbage can"!
banker 8 years, 3 months ago
The need for Julian Assange in this matter is to find out how Jerome illegally got the emails, and then jail him for his illegal act.
asiseeit 8 years, 3 months ago
yep, what is not right is your view.
birdiestrachan 8 years, 3 months ago
Yes the little green men caused Pintard to run for the hills and sent Toggie to carry fish for Doc. Banker no one goes to jail for hacking emails. and all of this springs from an environmental **organization. Green men come out of fairy tales. What happens when the news media acquire emails. and print them.
ThisIsOurs 8 years, 3 months ago
You just don't stop when you're behind. Have to constantly remind myself that the dumbness has to be an act
When news media get information: A. They don't just blurt things out, oh well look what I found, I don't know who left this in my garbage can but we're going straight to press with this! B. They verify the information AND the source. C. You can sue them for damage, that's why they are very careful about what they print, they go through their lawyers before they print anything.
Fitzgerald would have us believe this information just showed up, he doesn't know who sent it but he just flew off the cuff and read it. Does that make sense to you? It's ridiculous, unprofessional and unethical. And if the NIA supplied the info it's very strange for him to be the one to read it and not Nottage. Weird they that can make loose claims of money laundering ties for an environmental organization but jump through hoops to allow gaming bosses to deposit their mysterious funds in the national bank.
I once worked for an organization that received an unsolicited email trail. They jumped into action immediately and warned staff not to forward any of the details. Then they brought in the police. That's what a responsible organization does.
banker 8 years, 3 months ago
Either birdie's account has been hacked or we managed to unmask the real PLP shill behind the name.
The dead giveaway was the sudden surge in literacy that is uniquely uncommon in PLP hacks, except for the man-driver cult within it.
Very interesting. Or more accurately, tings dat make you go hmmmmmm ..
Sickened 8 years, 3 months ago
Ha. Now that is hilarious! Birdie is actually literate... vell muddos!
John 8 years, 3 months ago
So is Indira Charles packing her bags now? Has her stay in this country been preempted? What powers does a certain QC have in this country to bring turmoil to the parliament in this way? The part of the ruling that says Fritzgerald cannot ever access emails from save the bays for ever, ever is that legal? Regardless of what post or position he may hold in the future. Yes there are questions that needs answered about STB and its intent and its funding. Fritzgerald could have been more tactful in getting the information in the public domain and thus avoiding the predicament he facing now.
ThisIsOurs 8 years, 3 months ago
Weird they that can make loose claims of money laundering ties for an environmental organization but jump through hoops to allow gaming bosses to deposit their mysterious funds in the national bank
asiseeit 8 years, 3 months ago
The PLP is a very dangerous organization that will protect it's own at all costs. The American Mafia is about the best reference one can make when speaking of the PLP. This organization has hurt The Bahamas and Bahamians for THEIR (PLP's) gain. Why do you think only PLP's are happy with how the country is going, they are looking out for themselves to the detriment of OUR nation. All one needs to do is look at the Baha Mar fiasco and ask why the PLP was so afraid of chapter 11 in the U.S? Could it have something to do with information pertaining to the project that they could not have in the public realm as seems the case? Who was awarded what contract or storefront. Bahamas you better grow up, wise up, read up, and become aware of what is being done to YOU!
EasternGate 8 years, 3 months ago
Did not these bastards admonish Dr. Minnis for not giving the information from "Toggie" dem to the Police?. If what the Save the Bays was doing was criminal, why did not big nose Fitzgerald go to the Police rather than Parliament? Parliament has the largest concentration of "slime balls" in this region!
John 8 years, 3 months ago
You know Fred M is going through the jugdes files with a fine tooth comb and trying to find a way to terminate her contract Early and even have her deport her from the Bahamas. How dare someone in the government's employ and on a work permit intimidate, embarrass and cripple the government in this fashion? And especially after Izmitilian was accused of threatening the sovereignty of the Bahamas, simply because he filed for bankruptcy to protect his interest in Bah Mar? Now the fate of Bah Mar sits in the hands of the communist Chinese whobseem determine to sponge every cent of Izmirilian,s investment. And the gover of the Bah Mar seems to have been emasculated by the judges ruling against it and in favor of rogue QC Fred Smith and Save the Bays. Lord deliver us!
BMW 8 years, 3 months ago
They really are a bunch of gangsters!! Bahamians need to wake up .
Entrepreneur 8 years, 3 months ago
Sad times
BMW 8 years, 3 months ago
Jullian Assange needs to be contacted and have him look into bank accounts of all plp mp's ministers friends family and lovers.. That would be priceless.
Well_mudda_take_sic 8 years, 3 months ago
Toxic Fumes Fitz was rightfully adjudged to know full well (by his own admission) that the revelations he made in parliament were rooted in emails wrongfully obtained by him outside of parliament. The plank he walked out on in parliament had no privilege beneath it.
Greentea 8 years, 3 months ago
This is so bold and brazen and dangerous on the part of the PLP that It almost leaves me speechless. what a disgrace. jerome fitzgerald has shown himself to be a man without scruples or a moral core. he is willing to make any deal, throw any kind of sh**t into the mix, sell anyone down the river for political power. what a shame. not sure how he sleeps at night, but i sure hope those marathoners send his azz packing.
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