Dr. Friday claims victory in Privy Council ruling

Dr Godwin Friday, one of the lawyers for former Commissioner of Police Randolph Trueman Toussaint, has described the ruling by the Privy Council on Monday July 16 2007, to allow a statement allegedly made in parliament by Prime Minister Dr Ralph Gonsalves to be used as evidence in court, as a “victory.”{{more}}

The issue surrounds a piece of land owned by Toussaint on the Grenadine island of Canouan, which was acquired by Government in 2002 to build a learning resource centre. Toussaint claims that the acquisition of the land was discriminatory and/or illegitimate.

The government had argued that what was said in parliament was protected under parliamentary privilege through the “Privilege and Immunities Act” and it could not be used in court. However Lead Counsel to Toussaint, Ramesh Maharaj S.C argued that the statement should be allowed to “show the true reasons for the acquisition” of the 12,957 square feet of land Toussaint bought in 1990 at a cost of $6,478.50 from the Development Corporation.

Toussaint alleges that the public purpose of a Learning Resource Centre alleged when the land was acquired was “a sham and a stratagem to deprive him of his land unlawfully”.

The lawyers for Toussaint had asked Speaker of the House Hendrick Alexander for permission to use the Prime Minister’s statement, but permission had been denied. The Privy Council however ruled that the Speaker does not have the power to deny the use of the statement.

Costs for Toussaint’s legal fees were denied in the Court of Appeal, however the Privy Council allowed for Toussaint’s legal costs in the High Court, the Court of Appeal as well as at the Privy Council to be paid by the government.

When Searchlight contacted Prime Minister Dr Ralph Gonsalves for a response on the ruling, this country’s leader said that it was an “evidential issue”, and the case was still ongoing. Dr Gonsalves said that journalists should not be side tracked from the “real issues” affecting the country since the case was what he described as a situation where “the dog was chasing its tail”.

One prominent lawyer not involved in the case, told Searchlight that the judgment of the privy council does not change the law with respect to the protection offered to a parliamentarian who makes a comment in parliament. According to the attorney, the parliamentarian is still protected by parliamentary privilege. He added however, that the judgment does allow for the use of such comments in a court of law as evidence, whereas before, such comments were not so allowed. Such comments are now subject to be cited as evidence in a court of law.

The government was represented by Anthony Astaphan S.C., while Richard Clayton QC argued the case for Toussaint at the Privy Council.