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
    NDP romps home 14-1
    Front Page
    NDP romps home 14-1
    Webmaster 
    November 28, 2025
    THE PEOPLE SPOKE emphatically in Thursday’s general elections in St Vincent and the Grenadines (SVG)propelling the New Democratic Party (NDP) into the...
    ULP’s ‘Come Home Rally’ attracts thousands
    Front Page
    ULP’s ‘Come Home Rally’ attracts thousands
    Webmaster 
    November 28, 2025
    A MAMMOTH CROWD thronged the Arnos Vale 2 Playing Field for the ‘Come Home Labour Family’ rally of the Unity Labour Party (ULP) as it closed out the 2...
    Political Parties close out elections campaign with big entertainers
    Front Page
    Political Parties close out elections campaign with big entertainers
    Webmaster 
    November 28, 2025
    “THE WIND OF change is blowing throughout this land,” declared Dr Godwin Friday, leader of the New Democratic Party. He was speaking at the party’s cl...
    Front Page
    NMCM: main polling day complaint, long lines
    Webmaster 
    November 28, 2025
    VOLUNTEERS UNDER THE auspices of the National Monitoring and Consultative Mechanism (NMCM), who have been monitoring the general elections campaign, h...
    Jamaica’s Andrew Holness Congratulates Dr. Friday
    Press Release
    Jamaica’s Andrew Holness Congratulates Dr. Friday
    Webmaster 
    November 28, 2025
    EVEN BEFORE his swearing in as prime minister, regional leaders have been sending messages of congratulations to Dr Godwin Friday on the victory of hi...
    Regional leaders send congratulations to Dr. Friday
    News
    Regional leaders send congratulations to Dr. Friday
    Webmaster 
    November 28, 2025
    TRINIDAD ANDTOBAGO’S Prime Minister, Kamla Persad Bessesar, was also among regional leaders to send early congratulations to Dr. Godwin Friday. “Tonig...
    News
    Regional leaders send congratulations to Dr. Friday
    News
    Regional leaders send congratulations to Dr. Friday
    Webmaster 
    November 28, 2025
    TRINIDAD ANDTOBAGO’S Prime Minister, Kamla Persad Bessesar, was also among regional leaders to send early congratulations to Dr. Godwin Friday. “Tonig...
    Online educator drops in on students at St Vincent Grammar School
    News
    Online educator drops in on students at St Vincent Grammar School
    Webmaster 
    November 28, 2025
    BY GRACE FRANCIS WITH A VIEW to setting foot in every country in the Caribbean, online educator, Kerwin Springer, of Trinidad and Tobago paid a visit ...
    Party leaders travelled north on Thursday
    News
    Party leaders travelled north on Thursday
    Webmaster 
    November 28, 2025
    LEADER OFTHE Unity Labour Party (ULP), Dr Ralph Gonsavles, and leader of the New democratic Party (NDP), Dr Godwin Friday both went to constituencies ...
    Calvert Jones recognized by the OAS
    News
    Calvert Jones recognized by the OAS
    Webmaster 
    November 28, 2025
    A PRESENTATION BY Vincentian artist, Calvert Jones at the 10th Inter-American Meeting of Ministers of Culture and Highest Appropriate Authorities puts...
    From the Courts, News
    Teenage thief activates $900 bond, sent to prison
    Webmaster 
    November 28, 2025
    A TEENAGER, who used another person’s vehicle without permission and was bonded in the sum of $900, is now imprisoned for four months for stealing fro...

    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