Sharma files for judicial review

THE teacup brawl in the Parliament tearoom between Housing Minister Dr Keith Rowley and Opposition MP Chandresh Sharma has reached the High Court. Yesterday, an application for judicial review was filed in the Sub-Registry in San Fernando by UNC member and attorney, Kamla Persad-Bissessar, seeking to have a High Court judge review the decision of Director of Public Prosecutions, Geoffrey Henderson in refusing to charge Rowley with assaulting Sharma. The application by Siparia MP and attorney Kamla Persad-Bissessar was filed on behalf of Sharma, who is the MP for Fyzabad. It named DPP Geoffrey Henderson as the respondent.

However, the MP’s attempt to overturn the DPP’s decision not to prosecute Housing Minister Dr Keith Rowley hit a snag yesterday. The Government, using its majority vote in the House of Representatives, denied permission to use certain Parliament documents. Prime Minister Patrick Manning led with a loud “no,” prompting Opposition Chief Whip Ganga Singh to accuse him of protecting the DPP. According to the petition read out in the House by the Clerk, Sharma said he “found it necessary to rely upon documents in the custody and control of the Clerk of the House and to statements made in the House of Representatives” in his legal battle against the DPP’s decision. Sharma sought the notes of proceedings of what was said by Speaker Barry Sinanan in his ruling on the September 17 breach of privilege.

Also, correspondence to Sharma from the Secretary of the Privileges Committee on the incident; a list of all matters referred to the committee, from the first Parliament to the present and outcome and determination of each matter. However, Government minister Pennelope Beckles expressed concern that the string of documents sought were privileged. She said the matter was still before the Privileges Committee which has not yet reported to the House, which must debate it and make a decision. Parliament, she emphasised, has the right to the exclusive use of its proceedings. “And what we are being asked to do here is to have those proceedings that are not yet adjudicated on, provided to the court.” She strongly objected to that.

But UNC MP, Kamla Persad-Bissessar, Sharma’s attorney, and Carol Cuffie-Dowlat argued that the petition was not seeking the proceedings of the Privileges Committee. As such, it did not offend the Standing Order. The teacup incident occurred on Wednesday September 15 in the Parliament’s tea room, with Sharma alleging that Rowley had thrown a teacup at him during an argument. Sharma reported the matter to the police. DPP Henderson, to whom the police files were sent for consideration, did not order Rowley be charged on the grounds that it was not in the interest of the public to do so. The application for judicial review comes up for hearing on Monday in the First Civil Court in San Fernando, before Justice Prakash Moosai.