SHARMA SEEKS TO DROP COMPLAINT AGAINST ROWLEY

FYzabad MP Chandresh Sharma has written to Speaker of the House Barry Sinanan asking that his complaint against Housing Minister Dr Keith Rowley for an alleged assault against him  (Sharma) in the tearoom be dropped. The matter is currently before the Committee of Privileges of the House of Representatives. It was Sharma who brought the tearoom brawl incident to Parliament’s attention on September 17 alleging that Rowley’s conduct constituted a breach of privilege.

Rowley, for his part, claimed that Sharma’s alleged verbal abuse towards him in the incident constituted a breach of privilege. However, in a letter to the Speaker dated January 18, 2005  sharma stated that he had been advised by his attorneys that the tearoom brawl did not fall for adjudication by the Committee of Privileges of the House of Represenatives, and should be dealt with by the Ordinary Courts. Sharma cited three reasons why he wanted the matter removed from the Privileges Committee. First, he argued, that the disciplinary powers of the Privileges Committee were ousted and replaced by the statutory provisions in the House of Representatives (Powers and Privileges) Act, Chapter 2.02.

Secondly, he said that the place in which the offence occurred — the Members’ Lounge (or tearoom) — was not included as part of the precincts of Parliament in the House of Representatives (Powers and Privileges) Act as well as in Mays’ Parliamentary Practice.  In the House of Representatives Act the precincts  are defined as “the room in which the House sits in session for the transaction of business and includes the galleries adjacent thereto,”  Sharma said. The third reason why the Privileges Committee was not the competent body, Sharma contended, was because of the nature of the offence. The offence did not violate or diminish the powers and privileges of the House in any way, he said.

The Privileges Committee, which is chaired by the Speaker, has both members of the Government and the Opposition, though the Government has a majority. It is simultaneously investigating the two complaints — one made by Sharma against Rowley and the another by Rowley against Sharma. Asked whether he would also seek to withdraw his complaint, Rowley said : “My complaint stands. And I patiently await the outcome of all investigations and inquiries in which my name is involved. Because I have no doubt that at the end of the day it will be seen for what it is — naked unadulterated politics aimed at smearing me.” As part of his attempt to have the matter dealt with by the criminal justice system, Sharma has filed for judicial review of the Director of Public Prosecutions’ decision  not to give his consent to prosecute Rowley.

The matter comes up in the San Fernando High Court today and lawyers for Sharma, Rowley and the Attorney General will be present. But PNM sources said yesterday that Sharma’s request to drop the matter, after the Privileges Committee has been investigating it for over four months, had nothing to do with his wish to seek justice at the courts. “It is the fear of an unfavourable report by the Privileges Committee,” one source stated.