Sharma’s judicial review to be heard today

THE Judicial review lawsuit Fyzabad MP Chandresh Sharma filed against DPP Geoffrey Henderson’s refusal to charge Diego Martin West MP Dr Keith Rowley, for allegedly assaulting him, will be heard today in the San Fernando High Court. The matter is listed before acting Judge Charmaine Pemberton. On Friday last, Pemberton, presiding in the Third Civil Court, dismissed Sharma’s judicial review application against Commissioner of Police Trevor Paul’s action in seeking the advice of the DPP whether to charge Rowley.

The judge ruled that Paul had not yet decided whether a charge would be laid under the Summary Offences Act and Sharma would have to wait. March 14 is the statutory limit for a charge of assault to be laid, six months being the period for the laying of a charge for such an offence under the Act. Sharma reported to the West End Police Station on September 12, that Rowley assaulted him by throwing a teacup at him in the tearoom at the Red House. The other pending lawsuit the DPP’s judicial review  deals with is the issue of the DPP’s refusal to charge Rowley on the ground that he (DPP) was of the view that the incident occurred within the precincts of the Parliament.

The conduct of Members of Parliament is governed by the House of Representatives Act. The central issue to be argued in the Sharma versus the DPP motion, is whether the tearoom falls within the precincts of the Parliament. Siparia MP Kamla Persad-Bissessar is representing Sharma while Douglas Mendes SC, instructed by Rikki Harnanan, is appearing for the DPP. Gilbert Peterson SC will make an application for Rowley to be made a party to the proceedings.