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Granger’s dismissal in budget cut case…Full Court reserves jurisdiction ruling until decision
By Zena Henry
Judges of the Full Court have reserved their ruling on whether they have jurisdiction to hear the application by Opposition Leader David Granger to be joined in the ruling on the budget cuts.
The judges are asked to decide on the substantive arguments pertaining to Granger’s separation from the 2012 budget cut case.
Justices Rishi Persaud and James Bovell-Drakes, on Monday, were supposed to deliver a ruling on whether the full court had jurisdiction to hear the case which seeks to ascertain the right of the Opposition Leader being dismissed from the 2012 budget cut case which is before Chief Justice (CJ) Ian Chang.
Opposition Leader David Granger
Attorney General Anil Nandlall who is representing the government had argued that the Full Court did not have jurisdiction to hear the case of Granger’s dismissal from the budget cut case. He argued that the Opposition Leader, represented by Attorney-at-Law Basil Williams, should have taken his contention to the Court of Appeal since the Chief Justice’s decision to dismiss the Opposition Leader from the 2012 budget cut case was final.
Williams contended, however, that the Attorney General was wrong in his assertions since a dismissal, as a judgment, could not be considered as a final decision, but rather, interlocutory. He pointed out further that the ruling could not be final since it did not put a conclusion to the 2012 budget cut case before the CJ.
Williams at the last court hearing laid over some 12 authorities in a written submission to the court supporting his argument that Granger was at the right level of the judiciary claiming his right to be part of the 2012 budget cut case.
Williams had referred to the Supreme Court Practice (1999 edition) which speaks to the state of a decision. The document states that judgments and orders to be treated as interlocutory are orders for or relating to the striking out of parties, while in the case of Dhajoo-vs-Thom (1939), the Court of Appeal embraced a decision that “every court must justify itself; that as a matter of jurisdiction it can properly hear and determine a matter.”
The Full Court has decided however to go ahead with Granger’s dismissal case and will deal with the issue of jurisdiction at the same time it decides on whether Granger should be part of the 2012 budget cut case.
Williams will start his argument on Granger’s dismissal next Tuesday. The Attorney General was absent from Monday’s Full Court hearing, but messaged to say that he is prepared to start his arguments on the issue.
Ganger’s dismissal case came up when the CJ removed Granger, as well as Finance Minister Dr Ashni Singh from the budget cut case, stating that as Parliamentary members, they are legally provided with immunity.
The Opposition Leader chose to waive his immunity and appealed the CJ’s ruling in the Full Court, since according to his lawyers, the initial issue of cutting the 2012 budget was a “democratic parliamentary decision,” that occurred while Granger was the Leader of the Opposition.
The Speaker of the National Assembly is the remaining respondent in the 2012 budget cut case. And although he too has immunity, he is being blamed for opening the door for talks and the subsequent cutting of the budget; which is cited as being against Parliamentary Standard Operating Procedures.
The opposition is arguing, however, that to remove the Opposition Leader from the budget case is unfair. They believe that the Leader of those responsible for cutting the budget should be allowed to represent their interest. The continuance of the 2012 budget cut case before the CJ has been stalled until the conclusion of the appeal case.
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