Rowley calls for judge in teacup lawsuit

Through his attorneys,  Diego Martin West MP Dr Keith Rowley yesterday requested a High Court judge to join him as a party in the civil lawsuit filed by Opposition MP Chandresh Sharma against the Director of Public Prosecutions (DPP) and the Commissioner of Police in the Parliament teacup brawl. Acting judge Charmaine Pemberton granted Rowley the request to join as an interested party in the lawsuit. Rowley is not named as a respondent in Sharma’s lawsuit — only DPP Geoffrey Henderson and Commissioner of Police Trevor Paul. Rowley was represented in the San Fernando Supreme Court yesterday by Senior Counsel Gilbert Peterson.

Sharma is seeking to have Pemberton quash Henderson’s decision of not charging Rowley with allegedly assaulting Sharma in the Parliament’s tearoom on September 15. Sharma’s action against the commissioner contends that he should not have sought the DPP’s advice on the decision to charge Sharma. Representing Henderson, however, Senior Counsel Douglas Mendes submitted to Pemberton yesterday that the commissioner, having sought Henderson’s advice, was the first step that commenced the prosecution of Rowley. Mendes said Sharma, therefore, had nothing to lose, but could gain by that act.

In fact, the attorney submitted, it was Rowley, perhaps believing he did not commit any offence, who should challenge the commissioner for initiating the prosecution process by sending the “police file” to the DPP. Mendes told Pemberton that Sharma, therefore, has no locus standi in the judicial review application he has filed. On the question of Sharma seeking to have the matter remitted to the commissioner, Douglas said such a request serves no purpose. The commissioner, he submitted, had already gotten the DPP’s consent.

Henderson had advised the commissioner that though there was evidence of an assault, the public interest would not be served to prosecute Rowley.  Section 10 (b) of the Parliamentary Privileges Act provides for the conduct of MPs, Henderson advised. Douglas described the relief Sharma is seeking as vexatious and frivolous. He asked the judge to revoke the leave granted by Justice David Myers last week. Douglas completed his arguments in 45 minutes yesterday. Kamla Persad-Bissessar, representing Sharma, indicated she would reply today for an hour. Peterson would then address on Rowley’s behalf.