Full Court refuses to hear suspended opposition parliamentarians’ premature appeal

Last Updated on Friday, 14 October 2022, 17:29 by Denis Chabrol

The eight suspended opposition parliamentarians would have to wait a bit longer to know whether the High Court can hear their request for them to return to the National Assembly pending the hearing and determination of the substantive case.

The Full Court on Friday declined to consider an appeal of the High Court’s refusal to grant interim orders for the lawmakers to resume parliamentary duties pending the hearing of the case.

The House’s disciplinary committee temporarily ousted them in July after finding them guilty of the pandemonium in their attempt to block debate and passage of the Natural Resource Fund legislation on December 29, 2021. They are not being paid, cannot participate in the work of committees and are barred from using any of the parliamentary facilities.

Lawmakers Christopher Jones, Ganesh Mahipaul, Sherod Duncan, Natasha Singh-Lewis, Annette Ferguson, Vinceroy Jordan, Tabitha Sarabo-Halley and Maureen Philadelphia were hoping that the Full Court would have allowed them to return to the House in time for October 10 when the two-month long recess ends. They have said in court papers that the fear that government would pilot key amendments to Guyana’s electoral laws in their absence.

The government enjoys a one-seat majority in the House and could pass new and amended laws without opposition support.

Justices Joann Barlow and Sandil Kissoon ruled, that while they have not purported to assume jurisdiction or accept that the Full Court has jurisdiction,  that it was too early for the Full Court to consider High Court Judge Damone Younge’s refusal to grant reliefs while that Court seeks to determine whether it has jurisdiction to hear the matter of the suspension.

“Having reviewed the records before us and the submissions made, we are of the firm view that the appeal filed to the Full Court is premature as the identical issues arise for consideration by the Honourable Madame Justice Damone Younge on the 1st of November, 2022,” Justice Barlow said.

The Full Court urged the High Court to hear the case swiftly because of its national importance. “Having reviewed the record of proceedings and in view of the grave public interest considerations that arise, the matters pending before Justice Damone Younge from which this application arose ought to be determined and disposed of with the alacrity that those grave issues that are before her for determination require,” she said.

Among the issues to be determined on November 1 are the Court’s jurisdiction and the grant of the conservatory orders that were sought in the Full Court.

Given the postponement of the hearing and no decision by the High Court, Justice Barlow said there was nothing to appeal.

Based on the report of the Privileges Committee, MPs Jones, Duncan, Singh-Lewis and Mahipaul were suspended from four consecutive sittings for conducting themselves in a gross disorderly, contumacious, and disrespectful manner, and repeatedly ignoring the authority of the Assembly and that of the Speaker, and thereby committing contempt and breaches of privileges.

Also parliamentarians Ferguson and Jordan were suspended for six consecutive sittings for additionally for committing serious violations which were severe and egregious by unauthorizedly removing the Parliamentary Mace from its rightful position in a disorderly fashion, causing damage to the Mace, injuring and assaulting a staff of the Parliament Office, while attempting to remove the Mace from the Chamber.

With the report having been adopted, parliamentarian Tabitha Sarabo-Halley, according to report,  was suspended for six consecutive sittings for unauthorizedly entering the communication control room of the Arthur Chung Conference Centre and destroying several pieces of audio-visual equipment, being public property.