Indra Charles
Supreme Court Justice Indra Charles yesterday expressed confidence that Speaker of the House of Assembly Dr. Kendal Major will "do the right thing" as it relates to an injunction she handed down on April 21 prohibiting MPs from releasing emails belonging to Save The Bays (STB) members.
Charles ordered a stay of the "status quo" with respect to that injunction until a substantive hearing next Wednesday and Thursday.
"I have great confidence in the speaker -- I don't know him -- and the deputy speaker... will do the right thing and as such we must give the benefit of the doubt," she said. "Much has transpired since the injunction was granted."
In the House of Assembly two weeks ago, Major advised members to exercise restraint in sub judice matters and respect the sovereignty of the courts. However, he ruled the judiciary has no authority over the Parliament.
The applicants in the matter are the Coalition to Protect Clifton Bay (Save The Bays); Zachary Bacon, the brother of hedge fund billionaire Louis Bacon, a resident of Lyford Cay, and lawyer Fred Smith. The substantial constitutional motion brought in relation to the matter was expected to be heard yesterday.
The applicants are seeking a declaration that they have a right to privacy under Article 23 of the constitution and that it is an entrenched fundamental right which trumps parliamentary privilege.
Yesterday, Smith and lawyers Lawrence Klein and Dr. Lloyd Barnett, representing the Office of the Attorney General, were are at odds over the statement of facts. Both sides were also unable to come to an agreement over how to proceed in the interim before the substantive hearing.
Charles said she did not want to extend the injunction as she has confidence that Major and Deputy Speaker Dion Smith would "do the right thing", especially given Major's recent communication.
Prior to the order being granted yesterday, Smith argued that MPs, including Major, have spoken with "forked tongues". He said on the one hand, MPs have been asked to do one thing, but on the other a resolution has been passed to have him, lawyer Ferron Bethell and others appear before the House's Committee on Privilege over the injunction. He said members of the government are attempting to "intimidate" the applicants in the matter.
"I am a big boy," Smith said. "I can deal with the resolution, threatening me. It is not acceptable and with all due respect to the speaker they are speaking with forked tongues."
The issue exploded in March when Marathon MP Jerome Fitzgerald read an email thread from STB members in the House of Assembly, as he suggested the group is seeking to destabilize the Christie administration.
Last month Fitzgerald moved for the resolution in Parliament seeking to have the lawyers and judge called. Fitzgerald claimed the injunction is "contrary to law", and the order set up a conflict between the branches of government -- the legislature and judiciary.
Major has since said that move would be a "gross violation" of the separation of powers. He admonished members of that committee against pursuing such "unchartered territory" and to remain circumspect as they carry out their duties.
Speaking to the recommendation for the "two lawyers and a judge" to appear before the committee, Charles said it is "very serious". She said if such a thing were to happen it would be marked in the Guinness Book of World Records.
Charles also said it concerns her that while a constitutional matter is before the court, "something else is going on".
The applicants are seeking a permanent injunction to prevent any further "breaches" and an order against Fox Hill MP Fred Mitchell and Fitzgerald to disclose the source of the emails.
Royston Jones Jr., Guardian Staff Reporter
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