Sub Judice Ruling not a Precedent Dear Hon. Mr. Warner, Our - TopicsExpress


Sub Judice Ruling not a Precedent Dear Hon. Mr. Warner, Our parliament faced a travesty yesterday, Friday 23rd January 2015, when your motion of censure failed to materialize into substantive debate, however, to claim that this was the fault of anyone other than yourself is both absurd and pathetic. The people of this nation have already come to realize that you are a man of many words but little action, having stalled on both your promise to reveal information to disprove allegations of your corrupt practices at FIFA, CONCACAF and the CFU, and your campaign pledge to implement various programmes in your constituency while sitting on the Opposition bench. But your action in the hallowed halls of our parliament show both a contempt for due process and the sub judice provision, and inconsideration for the Honourable Chair and parliamentarians who were prepared for the censure debate. Hon. Mr. Warner, if you were previously unaware, due administration of justice first requires that all citizens have unhindered access to the constitutionally established courts of criminal or civil jurisdiction for the determination of disputes as to their legal rights and liabilities. Further to that, they should be able to rely upon obtaining in the courts the arbitrament of a tribunal which is free from bias against any party and whose decision will be based upon those facts only that have been proved in evidence adduced before it in accordance with the procedure adopted in courts of law. Also, once the dispute has been submitted to a court of law, they should be able to rely upon there being no usurpation by any other person of the function of that court to decide it according to law. Conduct which is calculated to prejudice any of these three requirements or to undermine the public confidence that they will be observed is contempt of court. These are the rights enshrined in our constitution, and while you may attempt to rationalize your actions with the notion that this is some matter of urgency, Hon. Larry Howai is still a citizen of this nation and should be privy to file for legal reprieve to protect and clear his name from any perceived slander or libel. Furthermore, sub judice is not native to this nation, nor is it the first time that a sub judice ruling was handed down in a censure debate within the hallowed halls of a parliament. As a matter of fact, on November 25th 2014, in India, Meghalaya Speaker Abu Taher Mondal disallowed a censure motion be brought by the Opposition against two government ministers, Hon. Deborah C. Marak and Hon. M. Ampareen Lyngdoh, as the matter was being adjudicated by the courts at that time. I am also attaching a document from the parliament of New South Wales containing their consolidated rulings, up until November 2011, which includes an entire section of sub judice rulings that show precedent for each and every decision taken by the Hon. Speaker in yesterdays debacle. This information can be found in section 44 of the document, pages 419 to 430. Hon. Mr. Warner, you have made it fairly obvious in the past that you do not have any respect for this government or the populace, but I urge you to show respect for the office which you currently hold. For all its faults in the past, our parliament is still held in the highest regard by the citizens of this nation and they may not forgive you for an attack on its principles or on our democracy. Best regards, Ravi Maharaj
Posted on: Sat, 24 Jan 2015 05:38:59 +0000

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