Court to rule on its powers in contempt matter

Attorneys representing the three, who were issued subpoenas last week, yesterday raised the issue of the court’s jurisdiction as well as provisions under the Constitution which permits the members of the court to refer to the High Court, any allegation of constitutional impropriety.

Presiding over yesterday’s proceedings were Industrial Court president Deborah Thomas- Felix and members Larry Achong, Ramchand Lutchmedial, and Albert Aberdeen.

According to attorney Christopher Hamel-Smith, SC, who represents the Chamber and its chief executive, there are “serious questions that arise” on whether the court could embark on the contempt enquiry at all.

He said the court could not be prosecutor and judge in the same matter.

Also raising questions on the court’s jurisdiction was Senior Counsel Fyard Hosein, who represents Mouttet.

He said the subpoena issued to his client was “extra ordinary” and also raised the issue of freedom of expression and self incrimination as his client was asked to furnish the court with copies of all reports, interviews, inserts, programmes, audio visual clips and CCTV footage in prints and electronic, inclusive of blogs, and commentary pertaining to a breakfast meeting held by the Chamber on November 30, under the theme “The Impact of Industrial Court Judgements on your Business.” Hosein asked that the jurisdiction and constitutional points be heard before the court embarks on any contempt proceedings.

“The Court has to ensure that its reputation is enhanced and maintained. Let us clarify those issues first,” he said. Attorneys representing the three are expected to file their applications by December 29 and their submissions by January 31. The matter has been adjourned to February 10. Senior Counsel Reginald Armour, who represents Ali, also raised the issue of the court’s jurisdiction as well as the constitutional claims. He appears with Vanessa Gopaul, while Senior Counsel Elton Prescott appears for the Law Association, which has been granted permission to make submissions on the matter.

At the panel discussion hosted by the Chamber, Mouttet and Ali were critical of the court.

Mouttet blamed the Court for low productivity in the country and described the court as harsh and oppressive in its judgments, favouring workers and unions against employers while Ali called for a lobby for pro-business judges on the Industrial Court bench.

Earlier last week, the National Trade Union Centre issued a statement challenging Mouttet for his statements while head of the Joint Trade Union Movement (JTUM), Ancel Roget, on Wednesday, demanded a retraction. Roget said the comments by Mouttet showed a gross disrespect for the court.