Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • 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
    Warm welcome for Vincentian NASCAR driver
    Front Page
    Warm welcome for Vincentian NASCAR driver
    Webmaster 
    August 14, 2026
    Rajah Caruth, professional NASCAR Driver and Sporting Ambassador for St. Vincent and the Grenadines (SVG), got a warm homecoming when he arrived on We...
    CRAB not going to spread like Covid/AIDS – medical specialist
    Front Page
    CRAB not going to spread like Covid/AIDS – medical specialist
    Webmaster 
    August 14, 2026
    Infectious disease specialist Dr. Jerrol Thompson has said the drug-resistant bacterium, Carbapenem-Resistant Acinetobacter baumannii (CRAB), recently...
    Components displeased over CDC prize giving ceremony
    Front Page
    Components displeased over CDC prize giving ceremony
    Webmaster 
    August 14, 2026
    The manner in which the prize money for components involved in VincyMas competitions 2026 was distributed has left a bitter taste in the mouth of some...
    Entrepreneur introduces new tequila to the local market
    Front Page
    Entrepreneur introduces new tequila to the local market
    Webmaster 
    August 14, 2026
    Mohandus “Bobby” Martin is hoping to carve out a niche in the St Vincent and the Grenadines’s (SVG) beverage market by introducing an affordable Europ...
    Close friend says Layou man’s death was not by stabbing
    Front Page
    Close friend says Layou man’s death was not by stabbing
    Webmaster 
    August 14, 2026
    Reports that Layou resident Renold “Bagga” Quashie was stabbed and killed seems not have been the correct conclusion, a relayed by a friend who referr...
    Twenty receive Basil Charles Foundation scholarships and bursaries for 2026
    Front Page
    Twenty receive Basil Charles Foundation scholarships and bursaries for 2026
    Webmaster 
    August 14, 2026
    Twenty new students have been added to The Basil Charles Educational Foundation (BCEF) Scholarship programme, which this year celebrates 30 years. The...
    News
    NASCAR driver Rajah Caruth  excited to  create new  memories of SVG
    News
    NASCAR driver Rajah Caruth excited to create new memories of SVG
    Webmaster 
    August 14, 2026
    Professional NASCAR driver Rajah Caruth received a hero’s welcome in Barrouallie yesterday, August 13,2026 returning to his roots during an emotional ...
    Caution given on the responsible use of AI
    News
    Caution given on the responsible use of AI
    Webmaster 
    August 14, 2026
    With Artificial Intelligence (AI) becoming increasingly advanced and accessible, Chief Executive Officer of the National Centre for Technological Inno...
    Former Miss SVG Aviar Charles shares inspiring journey in pursuit of higher education
    News
    Former Miss SVG Aviar Charles shares inspiring journey in pursuit of higher education
    Webmaster 
    August 14, 2026
    Former Miss St Vincent and the Grenadines (SVG), Aviar Charles recently reflected on her journey to the crown while encouraging the St. Vincent and th...
    Rehabilitation Works continuing on Fort Charlotte
    News
    Rehabilitation Works continuing on Fort Charlotte
    Jada 
    August 12, 2026
    The Government of St. Vincent and the Grenadines, through the World Bank-funded Unleashing the Blue Economy of the Caribbean (UBEC) Project, has reaff...
    Fresh information released in Garifuna prisoners of war exhibition
    News
    Fresh information released in Garifuna prisoners of war exhibition
    Jada 
    August 12, 2026
    While most Vincentians know that approximately 5000 Garifuna and Kalinago people were rounded up and forcibly exiled by the British to Balliceaux in 1...

    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