Attorney General and Minister of Legal Affairs Anil Nandlall has asked the Court to dismiss the appeal filed by Opposition Leader David Granger for the reason that it was misconceived and wholly flawed, noting that the case was out of the High Court’s jurisdiction.

On June 19, 2013 a decision was taken by Chief Justice(ag) Ian Chang to dismiss the Opposition Leader, as well as Finance Minister Dr. Ashni Singh,  from the ongoing 2012 budget cuts case, on the basis that as Members of Parliament, the Constitution provides them with immunity. Granger has since sought to waive his immunity and appealed the decision.

The appeal was heard yesterday and AG Nandlall argued whether a right of appeal lies against an Order which dismisses a defendant from a proceeding, and if it does, to which Court does the right lie.
“I am confident that an appeal doesn’t lie in this circumstance. If an appeal lies against an order which dismisses the defendant from a case, it means that every defendant has a right to be sued. It means that if the plaintiff does not sue the defendant, somehow the defendant may sue the plaintiff for not suing the defendant. That is how we see it. That is a fundamental legal question that has to be answered,” the Attorney General stated.
Meanwhile, Attorney at Law Basil Williams argued that the CJ’s decision to exclude Granger from the budget cut case was unfair to the Opposition, and that Granger was not dismissed, but struck out of the case.
The ongoing budget cut case is related to the 2012 National Budget which was slashed by the Parliamentary Opposition, leading to the government taking legal action on the basis that the Opposition has no power to cut the budget, but to either approve or reject it.
The Chief Justice, in a preliminary ruling, had said that the National Assembly cannot cut the budget and that the Finance Minister has the authority to allocate monies as needed. But the Opposition, again in 2013, despite the ruling, slashed over $30B from the estimates, prompting a return to the court for a final ruling.
The AG has expressed confidence in winning the appeal, and hopes for a speedy completion so that the case can move along.
The appeal is being tried in the High Court before Justices James Bovell-Drakes and Rishi Persaud. Representing the complainant, Granger, in the appeal hearings are Basil Williams, Joseph Harmon and Deborah Backer, while AG Nandlall, Safraz Hussein and Ariana McLean are representing the Government.