Manning takes Privileges Committee to court

Patrick Manning on the steps of the Hall of Justice in Port of Spain

Patrick Manning has gone to court to challenge his referral to the Privileges Committee of Parliament, seeking leave for judicial review of what he says is the committee’s decision to refuse him proper representation at a disciplinary hearing.

Speaker Wade Mark sent the former Prime Minister and MP for San Fernando East to the committee on November 26, 2010, for his remarks in the House of Representatives about the private residence of Prime Minister Kamla Persad-Bissessar.

During a debate on the Interception of Communications Bill 2010, Manning showed a photograph of Persad-Bissessar’s house and alleged it cost $150 million and was larger that the official residence of the PM, which was built under his watch. He also made other remarks, which have landed him in legal trouble.

Manning is seeking an expedited decision from the court. However Justice Charmaine Pemberton is not sure that she has the “jurisdiction” in the matter. 

Manning's lawyers, who include former Attorney General John Jeremie, are asking the court to declare as “unlawful, null, void and of no effect,” a decision by the committee refusing him proper representation. 

He is arguing that the decision communicated to him in a letter dated February 10, 2011 contravenes his right to a fair hearing. Manning had asked the committee to allow his legal adviser to ask questions on his behalf but the committee refused.

Attorneys representing the committee have said it has been the custom and practice to have a lawyer present to advise at such hearings. However, the rules prohibit the lawyer from asking questions since it is not a court of law. 

They told the court the Committee is ready to proceed and wondered if Manning is using the court to create a diversion.

The judge asked attorneys for both sides to file and exchange written submissions by Tuesday and promised to rule on the preliminary issue on February 24.

The committee is chaired by the Speaker and includes Dr Roodal Moonilal, Dr Tim Gopeesingh, Prakash Ramadhar, Rodger Samuel, Chandresh Sharma, Donna Cox, Colm Imbert and Patricia McIntosh, giving the government a majority.