Rowley's suggestion to president is an "absurdity": Lalla

File: Kenneth Lalla

Constitutional expert Kenneth Lalla, SC, has described as an “absurdity”, the view expressed by Opposition Leader Dr Keith Rowley that President Max Richards should take Prime Minister Kamla Persad-Bissessar if she doesn't provide the president with a reasonable response to questions regarding the proclamation of Section 34 of the Administration of Justice (Indictable Proceedings) Bill 2012.

Lalla told the Newsday newspaper seeking an Order of Mandamus from the courts as suggested by Rowley would be “an absurdity” since President Richards himself gave legality to Section 34 when he signed the proclamation to give effect to the law.

An Order of Mandamus commands an individual, organisation, administrative tribunal or court to perform a certain action, usually to correct a prior illegal action or failure to act in the first place. 

Lalla said President Richards can petition the courts for an Order of Mandamus. But the question is whether he is likely to succeed.

Lalla noted that the president himself signed the proclamation of Section 34 on August 28, which would suggest that the President should have had sufficient information at his disposal to determine whether or not he should assent to the bill. 

He said if the President now seeks an Order of Mandamus from the court, “it may lead to an absurdity” and “would be highly inappropriate".