ATTORNEY General (AG) Anil Nandlall yesterday won the case against Leader of the Opposition David Granger who had appealed the decision of Chief Justice (ag) Ian Chang to strike him and Finance Minister, Dr. Ashni Singh from the 2012 Budget Cut court case.
On June 19, 2013, the decision was taken by the Chief Justice to dismiss the two from the case, on the grounds that as Members of Parliament, the constitution provides them with immunity. Granger sought to waive his immunity in an Appeal which the AG disagreed with, arguing that it is not immunity, but a prohibition which could expose all other Parliamentarians. He said for the Opposition Leader to waive his rights to immunity, legislation has to be passed, amending the current law.
Justices James Bovell-Drakes and Rishi Persaud yesterday ruled that the Full Court had no jurisdiction to hear such an appeal which must be made to the Court of Appeal.
AG Nandlall yesterday explained that his first submission made against the appeal was that the court had no jurisdiction to hear the case. Further, the ruling by the Chief Justice in June 2013 was a final one which brought to an end all matters relating to the Finance Minister and Opposition Leader Granger regarding the Budget Cut case. This meant that the Full Court should first determine whether it had the right to hear the case. Yesterday’s ruling supported the submission made by the AG.
Regarding the substantive case addressing the 2012 Budget Cuts, the AG stated that the way is now clear for it to move ahead for the final ruling, “hopefully that is done with every convenient speed and as early as possible.”
However, Attorney-at-Law Basil Williams, representing the Opposition Leader, said an Appeal will be filed at the Court of Appeal. He questioned the fact that Granger was denied a hearing by the Court when he had succeeded in the National Assembly.
Nevertheless, AG Nandlall said that, “any Appeal filed ought not to prevent the Chief Justice from delivering his final ruling.”
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 of 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.
A date is to be fixed for the continuance of the case before the Chief Justice.
