The Full Court on Friday, constituted by Justices Jo-Ann Barlow and Sandil Kissoon, denied an application by attorney Roysdale Forde, challenging the High Court’s refusal to grant an interim conservatory order to allow the eight suspended Opposition Members of Parliament (MP) to attend sittings of the National Assembly and to receive their salaries.
In refusing the appeal by Forde SC MP., Justice Barlow said that the appeal was “premature”, given that no decision was made by the High Court below that can properly be made the subject of an appeal. In the circumstances, the Full Court ruled that the Orders requested by Forde are refused.
The effect of this decision by the Full Court is that the suspension of the Opposition Members of Parliament, along with the suspension of their salaries by the National Assembly, stands until the determination of the matter before Justice Damone Younge in the High Court.
On July 22, 2022, eight Opposition Members were suspended for gross misconduct, contrary to the Standing Orders of the National Assembly. Such misconduct included disrupting the debate on the Natural Resources Fund Bill, and forcefully removing the ceremonial Mace from the Parliament Chambers.
On July 20, 2022, Forde filed a Fixed Date Application, seeking a number of Orders, including interlocutory Conservatory Orders.
In response, the Attorney General, Anil Nandlall, Attorney General and Minister of Legal Affairs, and other respondents, filed applications to strike out the Fixed Date Application on the basis that, among other things, the Court has no jurisdiction to enquire into the internal proceedings of the National Assembly.
The High Court held case management conferences in relation to those applications on the 4th and 10th of October 2022. On both occasions, Forde invited the Court to permit the suspended Opposition Members of Parliament to continue to attend sittings, and to be paid their salaries, until the matter was determined.
On both occasions, Justice Damone Younge refused to grant the interim conservatory orders on the basis that she must first determine the question of jurisdiction raised by the Attorney General and other respondents.
On September 5, 2022, Forde filed a Notice of Appeal to appeal the decision of Justice Younge refusing the application to grant the interim conservatory orders, as well as the conservatory orders that are the subject of a related written application, which is yet to be determined. On September 29, 2022, Forde also filed a Notice of Application in the Full Court seeking, among other things, an expedited hearing of the Notice of Appeal, and seeking interim conservatory orders almost identical to those sought of Justice Damone Younge in the High Court.
On October 13, 2022, the Attorney General wrote to the Full Court inviting that Court to consider not hearing and determining Forde’s Notice of Appeal, and the Urgent Application until the matter in the High Court is heard and determined.
The Attorney General explained that the reliefs sought of the Full Court are identical in nature to the orders sought in the High Court, which have not yet been considered and or determined, and that doing so would amount to a waste of judicial resources and multiplicity of proceedings.
The Attorney General also said that if the Full Court proceeded to grant the Orders sought by Forde, it would be “put on a collision course with the Honourable Madam Justice Damone Younge, and worse yet, may end up usurping the function of that Court currently seised of the matter. “
He added that such an outcome may well be viewed as “a highly unacceptable, if not unlawful, appearance of interference with the independence of that [High Court] Judge to determine legal issues pending before Her Honour.”
Finally, the Attorney General invited the Court to consider that “if the Honourable Madam Justice Damone Younge rules that the High Court does not have jurisdiction and strikes out or dismisses the Applications before Her Honour, such a ruling would render the appeal, as well as any order, made by this Honourable [Full] Court nugatory.”
These are the scum of society. Sadly there are humans among them (who believe kissing the asses of non-humans is a great way forward.) Ass-kissers like Ganesh Mahipaul and Natasha Singh-Lewis.
This Natasha Singh-Lewis should officially change her name to a Black name, say like poop-am-I, etc.