Who will defend the Parliament from this level of CONTEMPT!
Nassau, Bahamas – A ruling handed down from a judge last week suggested that MP Jerome Fitzgerald should be fined for disclosing the details of emails he deemed to be part of an exercise “Destabilize the Bahamas.”
Bahamas Press question the procedural correctness used in this exercise in an attempt to cause a possible constitution crisis within the walls between the Parliament and the Courts.
Some things must now be explained, and those who practice within the profession of Constitutional Law must now further enlighten the nation these strange developments.
In Article 53: (2) 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 of Assembly while it is sitting, or through the President or the Speaker, the Clerk or any other officer of either House. 54. (1) Subject to the provision
Additionally, the statute law Section 3 of the Powers and Privileges Act, which was passed pursuant of the Article of the Constitution, states:
Senators and Members shall have the like privileges and immunities as are enjoyed for the time being in the United Kingdom by members of the Commons House of Parliament, and without derogation from the generality of the privileges and immunities conferred by this section, in particular shall have such privileges and immunities as are provided hereafter in this Act.
No civil or criminal proceedings may be instituted against any Senator or Member for words spoken before, or written in a report to, the Senate or the House respectively or a committee, or by reason of any matter or thing so brought by him by petition, bill, motion or otherwise.
Thus section of the Constitution is very clear; therefore, we have some questions:
1) How were the SUMMONS served on the MPs as all summons must be DULY served?
2) How were the MPs brought before a court, as these are not ordinary citizens?
3) If the Constitution of the Bahamas stands against this assault these actions exercised by the perpetrators are ILLEGAL and UNLAWFUL!
4) The Penal Code of the Bahamas dictates the charges and penalties for ALL UNLAWFUL AND ILLEGAL ACTIONS IN OUR COUNTRY?: If Save the Bays is the complainant then who was the prosecutor? Or was these steps all paperwork?
5) Did the prosecutor produce a duly served summons for the Members of Parliament? Which would have had to be tabled in the House of Assembly by the Speaker! Had this occurred then the Speaker would have been in error to have allowed a civil process within the hallowed halls of the House of Assembly!
6) How then did this very important matter become such a nonchalant item?
The Office of the Attorney General is responsible for all matters at the Supreme Court Level. Prior to this case being litigated there must have been AN OVERVIEW OF THE CASE TO SEE IF THERE IS SUFFICIENT CREDIBLE EVIDENCE TO SUPPORT A GUILTY VERDICT!
The prosecutor must explain the process used to get These Parliamentarians into the court where they were brought into question where a conviction was handed down.
These are interesting times!
We report yinner decide!