The Tribune

By RASHAD ROLLE

Tribune Staff Reporter

rrolle@tribunemedia.net

OPPOSITION Leader Philip "Brave" Davis said though he considered participating as an interested party in an appeal of Justice Indra Charles' ruling that former Education Minister Jerome Fitzgerald breached constitutional rights of a non-profit group when he exposed information about Save the Bays in Parliament last year, he decided not to do so once he was assured that the government must pay all liabilities associated with the matter and that the ruling won't affect a parliamentarian's privilege.

"Consideration was given by me as leader of the opposition and someone who's interested in the preservation of our constitutional democracy to intervene in the matter as an interested party having regard to the fact that the ruling appeared to impinge upon the privilege of Parliament," he said, noting he attended a hearing at the Court of Appeal on Monday where the matter was officially withdrawn by the Office of the Attorney General.

"But in the exchanges between the bench and the bar, the suggestions was that the ruling had nothing to do with the privilege of Parliament but rather it had to do with the government being sued and there would no personal liability on the part of Jerome Fitzgerald but that the government was sued and that there be no personal liability at all either in respect to costs or as damages awarded by Mr Fitzgerald personally. In those circumstances, issues of privilege do not appear to be infringed. We leave the matter as is."

Mr Davis said while his side may respect Justice Charles' ruling, one like it from a lower court would not be binding.

During the short session in the House of Assembly yesterday, Mr Davis attempted to introduce the withdrawal of the appeal as a topic but he was rebuffed by House Speaker Halson Moultrie who said he wants more facts about it.

"We made an inquiry at Court of Appeal and the Court of Appeal has supplied us with the transcript of the ruling but it also appears from this that the appeal has been withdrawn and the question of costs will be dealt with along with the respondents notice on the 25th of July," Mr Moultrie noted.

"I'm also in receipt of a letter from the attorney general making certain requests with respect to this appeal from the Speaker. I have not yet responded to the letter but I just wish Parliament to be notified that I am in receipt of the letter making certain requests of the chair."

He added: "I am cognisant of jurisdictional issues that arise as a result of this request and I am aware about the separation of powers that seemed to have arisen as a result of this request. After reading the ruling over the weekend, I am satisfied that I shouldn't make a premature ruling without independent legal advice."