– ruling to be pronounced

JUSTICES James Bovell-Drakes and Rishi Persaud, yesterday, adjourned to December 19, the appeal filed by Leader of the Opposition David Granger to be heard in the 2012 Budget Cut case.

Attorney General Anil Nandlall and Granger’s Attorney Basil Williams concluded their oral presentations before the Full Court yesterday and the two Justices adjourned to determine whether they want to hear the lawyers address them on any particular matter before they give a ruling.
AG Nandlall, in his response to Attorney Williams’ submission, said the Appeal had no merit. “He has suffered no adverse Order, the case was dismissed against the Leader of the Opposition as a Defendant, and therefore he is the beneficiary of an Order that is a positive one. It is not negative, it doesn’t cause him any disadvantage, it doesn’t cause him any adverse consequences, in fact he has won the case, and yet he has appealed.”

The other argument presented by the Attorney General relates to the constitutional provision, which stipulates that no proceedings can be filed against any member of the National Assembly. AG Nandlall pointed out that the Chief Justice has ruled that, a constitutional position creates an absolute bar, and therefore that position is what he defended.
In his hour-long argument in the High Court, Nandlall cited several sections of the Constitution to support his presentation, pointing out that they prohibit any legal proceedings (whether civil or criminal) to be brought against the Leader of the Opposition.
He disagreed with the Opposition Leader’s claim that he has a right to waive his immunity, arguing that it is not immunity, but a prohibition which could expose all other
Parliamentarians. The AG stated that for the Opposition Leader to waive his rights to immunity, legislation has to be passed, amending the current law before this can happen.

However, Williams maintains his conviction that the AG’s argument was wrong, and expressed confidence in winning the case. He insisted that the Opposition Leader must be allowed to be heard.
On June 19, 2013 a decision was taken by Chief Justice Ian Chang to dismiss the Opposition Leader as well as Finance Minister Dr. Ashni Singh from the ongoing 2012 budget cuts case, on the grounds that as Members of Parliament, the constitution provides them with immunity. Granger has since sought to waive his immunity in his Appeal.
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 disapprove it.
The Chief Justice in a preliminary ruling has 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.
AG Nandlall has expressed confidence in winning the appeal and hopes for its speedy completion so that the case can move along.