Marco City MP Greg Moss yesterday called Supreme Court Justice Indra Charles' ruling that Marathon MP Jerome Fitzgerald breached the constitutional right to privacy of members of the environmental group Save The Bays (STB) when he disclosed their private emails and financial details in Parliament "scandalous".
Moss also urged that the matter be moved to the Court of Appeal as soon as possible to allow "more sober minds to deal with this and fix this".
"For a member of the judiciary to overlook the constitution, then overlook the Power and Privileges Act and say they can come into this House and overlook the speaker, and tell our members what they can say, that member of the judiciary is saying something else also, you know," Moss advised Parliament.
"The member of the judiciary is saying they can tell our members also what they must say.
"There are two types of injunctions in our courts, Mr. Speaker -- mandatory and prohibitory.
"If that judge can say to a member of this House, 'You may not say that', that judge can order a member of this House to come in here and say this.
"Scandalous. Absolutely, absolute nonsense.
"I am usually more measured in my words, but this goes to the foundation of our democracy."
The ruling was handed down on Tuesday morning.
Charles said Fitzgerald's disclosure of STB's private information in Parliament, which he claimed he got from his "political garbage can", was a "deliberate act made to avoid scrutiny by purporting to hide behind the cloak of parliamentary privilege".
She granted a permanent injunction prohibiting Fitzgerald from disclosing or publishing any private information belonging to STB and ordered that Fitzgerald destroy and delete all material within 14 days.
The order was stayed pending the outcome of an appeal.
Moss referenced Article 53 of the constitution, which states that Parliament may by law determine the privileges and immunities of powers of the Senate and the House, and the members thereof.
It also states that no process issued by any court in the exercise of its civil jurisdiction shall be served or executed within the precincts of the Senate or the House while it is sitting, or through the president or the speaker, the clerk or any other officer of either House.
Moss said this point is simple: Parliament has a constitutional privilege.
However, in her ruling, Charles said the Supreme Court has the "original jurisdiction" to decide over breaches of the constitution, which is the supreme law of the land and Parliament cannot change the scope or divest the court of this original jurisdiction by legislation.
She also said the government cannot rely on the "shield of parliamentary privilege to oust the jurisdiction of the court when a person alleges a breach of the constitution".
STB sought a permanent injunction against Fitzgerald and Fox Hill MP Fred Mitchell.
However, Charles said Mitchell was not in breach.
Moss, a member of the Bahamas Bar, said the law is clear and pointed out "with the greatest respect, how absolutely wrong this judge is".
"I do not like bringing my voice in this House to criticize anything happening at the bench," he said.
"But this goes beyond... what can be tolerated."
Moss, who formed the United Democratic Party after he left the Progressive Liberal Party last June, citing poor leadership at the party and executive level, said this matter "goes beyond party lines and speaks to the very integrity of the constitution of this House".
Turning to the members of the Official Opposition, Moss said, "We have to cross party lines on this."
Governing members applauded his statements.
No one from the Official Opposition spoke on the issue, though outside the House, Opposition Leader Dr. Hubert Minnis said the Free National Movement will issue a statement on the matter.
Moss said, "We cannot disagree on the core statement that we make laws in this House for the peace, order and good governance of our country, and we do so without fear or favor of anyone, including the courts," Moss said.
"That has to be our position. That is what has been fought for centuries.
"That is what we have built this democracy on."
Constitutional crisis
Moss said Parliament does not want a "constitutional crisis" or war of words between Parliament and the Supreme Court.
But he said the court cannot "transgress our very constitution".
He said the Supreme Court ought to remember that it has a contempt of court jurisdiction and the House has its contempt of Parliament jurisdiction.
He also said he is unable to answer members of the public who ask if members of the Bar have been "forum shopping" for the same judge on controversial issues.
"That should not even be an issue I have to debate or speak to in this House because the Supreme Court is supposed to conduct itself with judicial decorum, not to create a constitutional crisis with the Parliament of this country, and that is exactly what this is doing," he said.
Moss encouraged House Speaker Dr. Kendal Major to stand firm on the matter.
Major, who condemned the ruling at the start of the House sitting, said the ruling was a violation of the separation of powers doctrine.
He said Parliament will continue unfettered.
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