Sharma wins round 2

HOUSING Minister Dr Keith Rowley was yesterday debarred from intervening as an interested party in the lawsuit filed by Fyzabad MP Chandresh Sharma against the DPP in the Parliament teacup affair. Justice Charmaine Pemberton ruled that Rowley had not satisfied her, under Section 14 of the Judicial Review Act, that he should intervene in the court proceedings.

The judge ordered Rowley to pay Sharma’s legal costs of intervening in the judicial review proceedings, an aspect of which engaged Sharma’s attorneys for three days in the San Fernando High Court. Yesterday’s ruling paved the way for Pemberton to begin hearing the substantive case — Director of Public Prosecutions Geoffrey Henderson’s refusal to grant consent to charge Rowley with allegedly assaulting Sharma in the tearoom. The judge set February 28 to begin trial of that matter. The case is being fast-tracked because there is a statutory limit of six months for the police to lay a charge of assault. Six months from the date of the alleged tearoom incident (September 15, 2004), ends on March 14.

Attorney Kamla Persad-Bissessar, representing Sharma, successfully resisted Rowley’s application to join the proceedings. Reginald Armorer SC, had contended that Rowley had an interest to serve — a jail term imposed on him if charged and found guilty. Rowley filed an affidavit in which he stated that there was a sitting of the House of Representatives before the incident on September 12, but Persad-Bissessar told Justice Pemberton that was untrue. Pemberton ruled yesterday that having studied the facts and legal authorities, Rowley was not an interested party within the meaning of Section 14.

Stating that she would give full written reasons, Pemberton said, “I’m not disposed to grant Rowley’s leave. I disallow the application.”  Pemberton gave directions for the setting down of the trial, granting attorney Rikki Harnanan for the DPP until today to file an affidavit. Harnanan disclosed that the affidavit would be that of the Clerk of the House to outline the architecture of the Parliament.

The ground to be argued in the trial is if in fact the teacup incident can be deemed to have occurred within the precincts of the Parliament. DPP Henderson wrote to Police Commissioner Trevor Paul that the House of Representatives Act governs the conduct of its members. It was ordered by the judge that written submissions on both sides be submitted by February 25. Pemberton told attorneys on both sides they have two and a half hours to make oral arguments.