Opposition leader Philip 'Brave' Davis pictured speaking in the House of Assembly recently.
By KHRISNA VIRGIL
Deputy Chief Reporter
kvirgil@tribunemedia.net
OFFICIAL Opposition Leader Philip “Brave” Davis yesterday questioned the basis of the government’s filing a notice of intent to drop its appeal of the landmark Supreme Court ruling on parliamentary privilege concerning former Cabinet minister Jerome Fitzgerald as he insisted that the move is “payback”.
Speaking on a matter of privilege in the House of Assembly, Mr Davis was adamant that his privilege as a member of Parliament had been “egregiously” breached by the government’s action, as he called on House Speaker D Halson Moultrie to investigate the matter.
On Sunday Fred Smith, QC, told The Tribune that a notice of discontinuance had been filed, and a formal position was expected at a status hearing scheduled for June 26.
Pointing to this, Mr Davis intimated that this decision was made as a favour to Mr Smith for his financial contributions to the governing Free National Movement (FNM).
However, Works Minister Desmond Bannister argued that Mr Davis had not raised a point of privilege and was seemingly aggrieved because he was unhappy that the move meant the government was no longer paying for legal representation for the former Marathon MP, whom he said acted “improperly.”
Mr Davis denied this, adding that the separation of power should be considered because all members of Parliament stood to be affected by this issue.
Mr Davis said: “This appeal that relates to the privilege of Parliament where a former member of this House was held in contempt and was asked to pay damages with respect to the matter of $150,000. The matter is under appeal.
“The member is no longer a member of this House but yet still you could have the attorney, an attorney who is participating in that appeal who represents one of the parties in here, who has unashamedly indicated that they have supported in all sorts of manner and ways, the government, and now the question is what is this payback with the withdrawal of this appeal?
“We are an independent judiciary. We have privilege. We speak for those who cannot speak for themselves,” the Cat Island, Rum Cay and San Salvador MP also said.
“When matters are brought to me by any member of the public I should be sufficiently privileged to come in there and speak to that. That was the genesis of the complaint that was made and action taken by the court.
“In this case my privilege is being breached with the concurrence of this House through the Speaker, the government participated with the action that was filed by Save the Bays and Fred Smith and now claims in the publication that it has been discontinued by the government.”
In an attempt to support her colleague’s argument in the House, Englerston MP Glenys Hanna Martin said the wider issue of “freedom of speech” was at hand.
For his part, Mr Bannister said Mr Davis did not raise a point of privilege.
He said if the former minister felt aggrieved with the court’s ruling, he had every right to seek recourse in the courts. He said yesterday’s lengthy back and forth over the matter between government and opposition MPs was not “fair to the government.”
The decision to drop the appeal is a change from the former administration’s position, which previously argued that Mr Fitzgerald’s statements in Parliament were protected from legal liability by way of constitutional provision, parliamentary privilege, and also legislatively under the Powers and Privileges Act.
Last year, Justice Charles ruled that Mr Fitzgerald could not be protected by parliamentary privilege, and ordered him to pay $150,000 in damages for the breach – a decision the former Marathon MP contended was made in error because he was “at all times acting in the public interest.”
At a hearing last month, Crown counsel Loren Klein asked Court of Appeal Justices Dame Anita Allen, Jon Isaacs and Stella Crane-Scott for a 30-day adjournment to allow the incoming attorney general to be briefed on the conduct of the proceedings thus far and for instructions to be taken.
Wayne Munroe, QC, who was also present for the hearing, said his presence there was concerning the interests of the Speaker of the House of Assembly in which the issue of parliamentary privilege arose.
In August last year, then Free National Movement Deputy Leader K Peter Turnquest expressed support for the court ruling that Mr Fitzgerald could not be protected by parliamentary privilege when he tabled the personal emails of members of Save the Bays.
Mr Turnquest, now deputy prime minister, noted last year that while the court may not have jurisdiction in the matter, he believes that Parliament must do a better job at policing itself.
Comments
sealice 7 years, 5 months ago
if your privilege was breach then STFU!!!!
TalRussell 7 years, 5 months ago
Comrade Honourabe former deputy prime minster "Brave" - this must means the "current" Red Regime's PM, cabinet, house speaker, mp''s and senators - are never going to ask the people's public treasury to foot the paying of their legal bills/costs.... We shall all be watching the public's purse closely over the 5-year governing mandate, right?
Did the "former" "1st" "2nd" or "3rd" red governing regimes ever pay out the public's purse for any legal bills for any red parliamentarian during their 15 previous years in power - and if so - let's have all the names and dollar amounts? Think carefully before answering cause some things even the reds are incapable of forever hiding from the public!
Why not come clean to tell the public who all donated and for how much to win the "4th" "It's the People's Time" red regime".
themessenger 7 years, 5 months ago
“We are an independent judiciary. We have privilege. We speak for those who cannot speak for themselves,” said Mr. Davis. This is a completely different stand than that previously adopted by the PLP when they were the government. Mr. Davis, your government had no qualms whatsoever about ignoring the Courts when it suited them, as in Blackbeard's Cay, the Police overtime pay, allowing the stalking and profiling of a sitting Supreme Court Justices child because of this very ruling just to mention a few. You have zero credibility.
birdiestrachan 7 years, 5 months ago
IKALIKA a individual of few words, Never the less. They have ruled in favor of those who donated an undisclosed amount to the party one of the first cases dropped. I suggest that it should be let go. The Tax payers will pay the court charges . Who knows how this amount figures in with the undisclosed amount.
themessenger 7 years, 5 months ago
They haven't ruled anything Bird brain, Justice Charles had already made the Ruling, they are just withdrawing the stupid appeal lodged by your crooked party so us taxpayers WON'T have to pay that jackass Fitzgerald's $150,000 in damages, now its down to him to pay. If your party wants to pay on his behalf that's fine by me, Brave dem can certainly afford it after all they raped this country of. If Brave dem won't pay he could always beg Izmerlian again or y'all number one donator Nygaard.
BahamasForBahamians 7 years, 5 months ago
Whos this idiot? The ruling was in his capacity as a Minister.
As such all costs are now the responsibility of the Ministry and by extension the government.
This means that The bahamian people will foot Fred Smiths hefty legal fees you idiot.
birdiestrachan 7 years, 5 months ago
Ah well. Those with no brains at all will do well to pray for the brains of a bird..
ah
banker 7 years, 5 months ago
Is that what happened to you? Poor thing. I will speak your language: "Cheep Cheep!"
birdiestrachan 7 years, 5 months ago
this is humor banker. I am an eagle I soar very high, but you are a pigeon. you fellows fly very low and mess up every place you go.
themessenger 7 years, 5 months ago
Hey birdshit, don't confuse eagle with vulture, repulsive and pathetic creature that you are.
birdiestrachan 7 years, 5 months ago
I have time to waste so I say ok pigeon
banker 7 years, 5 months ago
The Jamaican front-buyer needs to sit small. The sins on his soul are overwhelming.
SP 7 years, 5 months ago
PLP MP Picewell Forbes looks as intelligent as ever!....Lol
Tarzan 7 years, 5 months ago
When the Nygard payback by his cronies is fully disclosed, where will Brave hide. He can't go to the States. Maybe he and Fred can hide out in the Castro Brothers Paradise.
licks2 7 years, 5 months ago
This group is soooooooooooooooooooooooooooooo numb skull. . .I hope the new government finds a way to let Former MP Fitzgerald pay his own dang bill. . .he was so arrogant and pig headed to listen to nobody. . .and that bunch of nitwits cheered him on. . .NOW LET THEM CHIP IN AND HELP HIM PAY HIS BILL!! BLACK BEARD CAY RULING IS NEXT TO BE ENFORCED. . .I GUESS THEY WILL SAY THAT THE GOVERNMENT IS VICTIMIZING CHARLES CARTER WHO PART OWN THE CAY? THANK GOD THAT LAWLESS BUNCH OF CROOKS ARE LONG GONE. . .AND I HOPE THEY STAY GONE!!
baldbeardedbahamian 7 years, 5 months ago
CHARLES CARTER EX PLP CABINET MINISTER. BROTHER KILLED IN FLORIDA AFTER GETTING MIXED UP WITH THE DRUG TRADE; BRADLEY ROBERTS EX PLP CABINET MINISTER, HIS SON KILLED OFF ANDROS FLYING DRUGS INTO THE BAHAMAS. LESLEY MILLER EX PLP CABINET MINISTER, SON KILLED IN NASSAU AFTER GETTING MIXED UP WITH SELLING DRUGS. ANYONE SEE A PATTERN DEVELOPING HERE?
BahamasForBahamians 7 years, 5 months ago
Yes.
The pattern is a series of allegations without any concrete evidence.
Any futher questions?
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