Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
August 3, 2012

Privy Council Decision – Randolph Toussaint v Attorney General – part 1

On July 16, 2007 the Lords of the Judicial Committee of the Privy Council in appeal No. 28 of 2006 delivered the judgment in the case of Randolph Trueman Toussaint and the Attorney General of Saint Vincent and the Grenadines. In allowing the appeal their Lordships advised Her Majesty that the statement made in the House of Assembly by the Prime Minister during the debate of the House of Assembly was “admissible in evidence in support of the appellant’s claim not withstanding s16 of the House of Assembly (Privileges, Immunities and Powers) Act 1966.”{{more}}

The appeal arose out of what the appellant alleged was the Government’s “discriminatory and or illegitimate expropriation” of land belonging to him. In 1990, while he was the Commissioner of Police, he bought 12,570 square feet of crown land through the Development Corporation for a sum of $6,478.50.

When the Government changed hands in 2001, the Attorney General of the new government wrote the appellant in relation to the land. In her letter to the appellant, she suggested that he had knowledge of the developmental potential of the land and indicated that the land was purchased at a lower price than what was the fair market price because of the appellant’s “close relationship” with the previous government. She, therefore, required him to pay some $84,220.50 which appeared to be a shortfall on the price of the land, together with the stamp duty. As the appellant failed to respond, the Attorney General again wrote to him suggesting that the appellant return the land and be refunded.

The issue of the conditions surrounding the purchase of the land was raised by the Prime Minister during the budget debates in Parliament on December 5, 2002. The appellant saw the televised broadcast and obtained a video tape to support his claim that the reason for the expropriation was political. However, the appellant failed to obtain permission from the Speaker of the House to use statements in evidence relating to the debate in the House of Assembly. The Attorney General applied to the court to strike out the statements made in the appellant’s claim form and affidavit. Blenman J, the trial judge, struck out paragraphs in the claim and affidavit based on the Prime Minister’s statements and the appellant went on to the Court of Appeal, which held that the statements were inadmissible under the Privileges Act of 1966 as the Speaker did not give permission for the use of the same.

The appellant wished to rely on the Prime Minister’s statement in Parliament, as he thought it gave the true reasons for the compulsory acquisition rather than that given in the Government Gazette, that is, the setting up of a Learning Centre for the people of Canouan under the Land Acquisition Act 1946. The appellant declared that the Learning Centre was “a sham and a stratagem to deprive him of his land unlawfully.”

The Respondent, in asking the Court to strike out the statements of the Prime Minister in the appellant’s claim form, relied on certain sections of the Constitution, the Privileges Act 1966, the Evidence Act of 1988 and Article 9 of the Bill of Rights, 1689. Their Lordships in their discussion referred to Article 9 of the Bill of Right and the broader common law as given in the New Zealand case of Prebble v Television New Zealand Ltd. [1995] 1AC. They also referred to comments of the Joint Committee on Parliamentary Privilege, on the effect of a prohibition on questioning of issues “out of parliament”. They pointed to a number of cases where the House of Lords stated that use may be made of ministerial statements in judicial review proceedings. Their Lordships posit section 3 and 16 of the Privileges Act 1966, which grant immunity to the Speaker of the House against the Appellant’s constitutional rights to property and to non-discriminatory treatment. They felt that “fairness, publicity and promptness” were guarantees that would be meaningless in the absence of protection for access to the court.

(To be continued)

Ada Johnson is a solicitor and barrister-at-law.
E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    The puzzle of the missing plane…
    Front Page
    The puzzle of the missing plane…
    Mystery light aircraft located
    Webmaster 
    June 16, 2026
    A TWIN-ENGINE Beechcraft 58P aircraft that was reported missing since Friday, June 12, 2026 after it left the Argyle International Airport, has been l...
    Lowmans Leeward man disappears, mother fearing the worse
    Front Page
    Lowmans Leeward man disappears, mother fearing the worse
    Webmaster 
    June 16, 2026
    A LOWMAN’S LEEWARD MAN, Roman “Romey” Pierre, also known as “Rome” and “Mikhail” is missing and his mother MonishaYoung is fearing the worse. On Monda...
    Blondie Bird Eyes Fourth Consecutive Title Despite Challenges (+Video)
    Front Page
    Blondie Bird Eyes Fourth Consecutive Title Despite Challenges (+Video)
    Webmaster 
    June 16, 2026
    THREE-TIME defending Carnival Band of theYear Blondie Bird and Friends Mas Band, is hoping to extend its winning streak this year despite ongoing chal...
    Soca Monarch 2023 makes his return in 2026
    Front Page
    Soca Monarch 2023 makes his return in 2026
    Webmaster 
    June 16, 2026
    AFTER STEPPING AWAY from the competitive Soca arena to further his education, 2023 Ragga Soca Monarch Javid “Jay-R” Rouse says he is ready to make his...
    Ministry of National Security kicks off Public Service Week today
    Press Release
    Ministry of National Security kicks off Public Service Week today
    Webmaster 
    June 16, 2026
    THE MINISTRY OF National Security, through the Public Sector Reform Unit (PSRU), said it will be observing Public Service Day on June 23, 2026, with t...
    Ministry of Tourism expands Kids’ Tourism Summer Camp
    News
    Ministry of Tourism expands Kids’ Tourism Summer Camp
    Webmaster 
    June 16, 2026
    The Department of Tourism within the Ministry of Tourism, Civil Aviation and Sustainable Development is expanding and decentralising its 2026 Kids’Tou...
    News
    Ministry of Tourism expands Kids’ Tourism Summer Camp
    News
    Ministry of Tourism expands Kids’ Tourism Summer Camp
    Webmaster 
    June 16, 2026
    The Department of Tourism within the Ministry of Tourism, Civil Aviation and Sustainable Development is expanding and decentralising its 2026 Kids’Tou...
    Stubbs man killed in Dominica
    News
    Stubbs man killed in Dominica
    Webmaster 
    June 16, 2026
    FOR THE SECOND TIME this year, a Vincentian living abroad has been shot and killed. The latest Vincentian to succumb to gun violence overseas is Joshw...
    Court to hear from Ministry of Health on psychiatric reports
    From the Courts, News
    Court to hear from Ministry of Health on psychiatric reports
    Webmaster 
    June 16, 2026
    THE SERIOUS OFFENCES COURT (SOC) is asking that at least two professionals from the Ministry of Health appear in court during the first week in July t...
    North Leeward residents propose use from returns of Sand mining project
    News
    North Leeward residents propose use from returns of Sand mining project
    Webmaster 
    June 16, 2026
    NORTH LEEWARD RESIDENTS are calling for greater investment in their communities from proceeds generated through sand extraction activities in the Rose...
    NDP behaves as though PS appointments are immense achievements – Gonsalves
    News
    NDP behaves as though PS appointments are immense achievements – Gonsalves
    Webmaster 
    June 16, 2026
    WHILE former Prime Minister Ralph Gonsalves congratulated the newly appointed Permanent Secretaries, he said that the New Democratic Party(NDP) is beh...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok