Latest update April 19th, 2024 12:35 AM
Jun 22, 2013 News
By Abena Rockcliffe
A Partnership for National Unity (APNU) is saying that irrespective of whatever decision Chief Justice, Ian Chang, hands down as his final ruling in the ongoing 2012 Budget Cuts case, the party will cut any budget in the future to protect Guyanese from the “greed” of the government.
APNU took that stance in light of Justice Chang’s decision to exclude party leader, Brigadier David Granger, from further participation in the case “without giving him a hearing.”
Shadow Attorney General, Basil Williams, said during a press conference yesterday that Justice Chang’s decision came on the heels of the allegation by Attorney General, Anil Nandlall in relation to the appointment of Chang as substantive Chief Justice.
Just a few weeks ago, Nandlall alleged that Granger had refused to agree to the appointments of both Justice Chang and Justice Carl Singh, as Chief Justice and Chancellor of the Judiciary respectively.
Granger subsequently came out saying that Nandlall lied and noted that the Attorney General wasn’t even at the meeting between the APNU and the government where the issue of the appointment was discussed. Granger also stated that he hadn’t any objection about either of the two appointments but merely wanted a transparent process.
Granger is now prevented from having legal submissions made on his behalf in support of his contention that the National Assembly has the lawful power to cut the yearly budgetary estimates.
The case will now proceed with the contribution of only the Alliance For Change (AFC) in the National Assembly and the government.
Yesterday, Williams said that Justice Chang claimed that Granger, being a Member of Parliament, had immunity from both civil and criminal proceedings under the constitution, but that Speaker of the National Assembly, Raphael Trotman, could be sued even though he is a Member of Parliament.
Williams told media operatives that Justice Chang’s decision was of his own motion since it was never raised by Nandlall, at any stage of the matter.
He said that just like Members of Parliament, diplomats have immunity and they can waive their immunity. “So can a Member of Parliament.”
He pointed that Article 175 (2), which read – No civil or criminal proceeding may be instituted against any member of the Assembly for words spoken before or written in a report to, the Assembly or to a committee thereof by reason of any matter thing brought by him therein Petition, Bill, Resolution Motion or otherwise—is discretionary as it used the word “may”.
Williams said that Article 175 (2) is unlike Article 127 (1) of the Constitution which says that the Chancellor and Chief Justice shall each be appointed by the President acting after obtaining the agreement of the Leader of the opposition. “May is discretionary while shall mandates.”
The attorney at law lamented that the Chief didn’t even give APNU a hearing. He said that when he sought to be heard he was told to sit down.
Shadow Minister of Foreign Affairs, Deborah Backer, said that the Chief Justice couldn’t see the need to give the party a hearing in his court because he had already made his concrete decision.
She said that that move was not done in the spirit of the same constitution that Chang referred to as she claimed he didn’t acknowledge the constitutional provision for each to be given a hearing.
Williams said that there shouldn’t be only one judge in the constitutional court. “No one judge should be dealing with matters concerning the same parties over and over. It will then bring about the obvious question of the likelihood of the judge being biased.”
In agreement, Backer added that the reason for a court is to ensure administration of justice “and having one judge in a constitutional court is wrong.”
Asked if the party has an ominous feeling about the outcome of future cases before Chang, Williams replied that the APNU is by no mean afraid “of anybody” but said that the party notes that “this situation” sends a signal to the Attorney General that he can just “run” to the court with some form of security.
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