Fox Hill MP Fred Mitchell yesterday accused Data Protection Commissioner Sharmie Farrington-Austin and Fred Smith, QC, of being in contempt of Parliament by "breaching the privileges of MPs" and is seeking the assistance of House Speaker Dr. Kendal Major and his protection from further "breaches".

In a letter to Major, Mitchell also suggested that Harry B. Sands, Lobosky & Company, which has written some MPs asking them to reveal the source of confidential information on Save The Bays members, was also in contempt.

Mitchell referenced a warning by Smith that he would seek to have any MP who continues to reveal this information committed to prison for contempt of court.

After Marathon MP Jerome Fitzgerald read the private emails of several members of the environmental group on March 17, Save The Bays secured a Supreme Court injunction prohibiting the publication of "information" including emails and bank statements of its members without their consent.

Tall Pines MP Leslie Miller also told Parliament he saw a document outlining the salaries of Save The Bays members. Miller revealed the purported salaries when he contributed to debate on the mid-year budget last month.

He threatened to reveal more information.

The court has no jurisdiction over speech in Parliament.

Mitchell referenced the injunction.

He also referenced letters issued by the law firm Harry B. Sands, Lobosky & Company asking certain MPs to state where they received certain information regarding Save The Bays.

Fitzgerald claimed he got the email from his "political garbage can".

"In the case of Mr. Smith's wide ranging and unenforceable injunction and the Harry B. Sands letters, attempts have been made to serve members of Parliament with these documents," Mitchell wrote.

"I will indicate to these parties by lawyer's letter that any attempted service by them, I consider an unlawful interference in my right and privilege as a member of Parliament and will so report the matter to the police if any attempt is made to serve such documents on me.

"I will consider such service an assault in law as well."

Mitchell also referenced Farrington-Austin's statement last month.

She advised MPs that the tabling of private correspondence in the House is a "dangerous trend and opens the society up to chaos".

Mitchell said despite admitting that she had no jurisdiction in the matter, Farrington-Austin "proceeded to warn MPs about their conduct in their capacities as MPs, something which only MPs have the right to decide".

"I am seeking your assistance and protection of these ancient privileges enshrined in our law," Mitchell wrote.

"The reported conduct interferes with the freedom of access to the House and freedom of speech."

Mitchell charged that these matters amount to contempt of Parliament and should be dealt with accordingly.

"I have worked a lifetime fighting to get to the high court of Parliament and will brook no nonsense where there are attempts to seek to deny the ancient rights, which are enshrined in our laws for members of Parliament that are all for the protection of the public," Mitchell said.

"You will recall that an English King (Charles I) was executed in the fight for the supremacy of Parliament in the history of our constitutional ancestors, the English.

"Freedom of speech and freedom of access for MPs was therefore a hard fought, hard won privilege and cannot be dismissed by half baked lawyers and misdirected public officials and courts.

"These rights are primary and unassailable."

Mitchell said he is very concerned by what he called uniformed hogwash being bandied in public by advocates of Save

The Bays and their lawyers.

"These are merely attempts to fool the public and to intimidate and suppress the truth and the facts from being revealed to the public...," Mitchell said.

"A member of Parliament has a duty to ensure that he produces in the high court of Parliament any information which he has in his possession to defend the realm.

"He cannot be lawfully restrained or suppressed."

Mitchell asked that the chairman of the Committee on Privileges Damian Gomez be made aware of the matter for his "further and necessary action".

The letter was copied to Gomez and lawyer Raynard Rigby.

Fitzgerald and other governing party members have asserted that Save The Bays is a "political organization" bent of entrapping fashion mogul Peter Nygard and destabilizing the Christie administration.

The claims stem from an ongoing feud between Nygard and his billionaire Lyford Cay neighbor Louis Bacon.

Bacon and several other Save The Bays members allege that Nygard and attorney Keod Smith plotted to have them murdered.

Nygard and Smith have denied the allegations.

Police are investigating the matter.

Royston Jones Jr.

Guardian Staff Reporter

Click here to read more at The Nassau Guardian