Sharma loses round two

FYZABAD MP Chandresh Sharma yesterday lost round two in his bid to have the High Court  adjudicate in the teacup confrontation with Dr Keith Rowley, when Justice Charmaine Pemberton quashed two grounds in his lawsuit against the Director of Public Prosecutions. The judge ruled that the decision made by DPP Geoffrey Henderson not to charge Rowley was made in the context of the House of  Representatives Act. It could not have been contemplated  otherwise, the judge said in the San Fernando High Court yesterday.

Pemberton set aside the leave granted to Sharma two weeks ago to seek judicial review of the DPP’s refusal to charge Rowley for allegedly assaulting Sharma on September 15. The judge also dismissed the leave granted to Sharma for judicial review of Henderson’s decision that the offence fell within that created by the House of Representatives Act. Henderson had advised the Commissioner of Police that it would not be in the public interest to prosecute Rowley and made reference to the conduct of MPs being governed by the House of Representative Act. The judge’s ruling yesterday means the DPP can still pursue a charge of assault or that the Police Commissioner can lay such a charge under the Summary Offences Act.

Representing the DPP, attorney Rikki Harnanan argued that when Henderson advised that he did not consent to Rowley’s  prosecution, it was only within the context that he was of the view that the House of  Representatives Act governed the conduct of members and not in the context of the Summary Offences Act. Pemberton agreed that although Henderson stated in his memo he could not consent to the prosecution of Rowley, such view was expressed in the context that the incident occurred within the precincts of the Parliament, which is governed by the House of Representatives Act.

Two weeks ago, the judge set aside the leave granted by her brother judge David Myers for Sharma to seek judicial review of Commissioner of  Police Tevor Paul in seeking the DPP’s advice on whether or not to prosecute Rowley. Yesterday, Pemberton heard legal submissions from Sharma’s attorney Kamla Persad-Bissessar,  on the issue as to why the applicant (Sharma) did not support an application for Rowley to be joined as an interested party to the proceedings. Senior Counsel Reginald Armorer, appearing with Gilbert Peterson SC and attorney Margaret Rose argued for Rowley to be joined. When hearing resumes this morning, Armorer will reply to Persad-Bissessar’s submission after which the judge will rule. There are five other remaining grounds to be ventilated in the case.