Former House Speaker Dr Kendal Major.
By RASHAD ROLLE
Tribune Staff Reporter
rrolle@tribunemedia.net
HOUSE of Assembly Speaker Dr Kendal Major said yesterday that parliamentarians should not seek to call judges before Parliament to answer for their rulings.
He urged members of the House Committee on Privilege not to pursue “unchartered territory” by calling Justice Indra Charles before the group.
Last month, the judge granted an injunction to Save the Bays (STB) that bars parliamentarians from accessing or making public the personal information of the non-profit organisation. In late April, Marathon MP Jerome Fitzgerald moved a resolution in the House of Assembly to determine whether Justice Charles, STB Legal Director Fred Smith and lawyer Ferron Bethel should be held in contempt of the House of Assembly.
Justice Charles’ decision set off a debate about separation of powers between the judiciary and the legislature, with Dr Major insisting that a judge cannot dictate the behaviour of legislators in the House of Assembly.
However Dr Major said yesterday: “Honourable members and particular the Committee on Privilege, honourable justices of the Supreme Court also enjoy immunity in the execution of their duties.
“They too must be seen as mutually exclusive from the Parliament. This relationship is truly unique and correctly referred to as separate yet equal.
“As Parliament has the latitude to investigate any and all matters it certainly will not seek to demand a justice to appear before its committee. I believe this would be gross violation of the doctrine of the separation of powers for a judge to be called before Parliament to explain their actions in the execution of their duties.
“In this instance, I would therefore admonish you through the honourable chairman. In your deliberations remain circumspect as you carry out your duties. In essence, I strongly urge you not to pursue such uncharted territory.”
The Office of the Attorney General has filed a motion to have the injunction set aside.
In response, at a hearing on April 29 Justice Charles said its application would have to be heard in full.
The hearing concerning the matter is scheduled for May 12.
Comments
Well_mudda_take_sic 8 years, 7 months ago
Major has no deep understanding of his important role and powers as Speaker of the HOA. If he did, he would know that he alone has the power to thwart any attack made on the judiciary by any one or more members of parliament. In fact, Major should (as a minimum) be severely reprimanding both Freddy Boy and Toxic Fumes Fitzgerald for their grave misconduct in threatening the judiciary from the floor of the House. The threats made by these two clowns can only be regarded as an outright attempt on their part to coercively interfere with the outcome of ongoing judiciary proceedings.
sealice 8 years, 7 months ago
The fucking politcos are the one's that need to be in front of judges then in front of the wall in fox hill.... Fweddy will like it there though he'll be popular besides the fact he's their bought and paid for Sinister of foreign young boys....
licks2 8 years, 7 months ago
This speaker seem to have a "poor" grasp of his role and how his regional and international contemporaries have faced and ruled in cases that polled the same exact question that MP F posited in the house. . .that question has been ruled on 4 times. . .including 1 in England and the other 3 in the region. . .all cases were ruled in favor of Constitutional protections trumps house privilege for members violations of private citizens Constitutional rights in the house!
I was surprise that even the Guardian talk shows got that wrong too. . .hell I expected that they would have done research to find out that the speaker and the "wayward" two in the house were "dead" wrong! Juan McCartney was front and foremost in that "bobo" thinking without doing research!
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