The
latest matter centers on the May 2nd 2023 suspension of the Leader of
the Opposition from the House and its precincts by the Speaker enabled
by the SLP Parliamentarians.
The
May 8th 2023 Affidavit from the Leader of the Opposition to the Eastern
Caribbean Supreme Court in the High Court of Justice is seeking relief
from the courts citing that the House “has no power to suspend for an
indefinite period or at all any of its members, save and except in
accordance with and pursuant to the provisions of the Constitution
and/or the House of Assembly (Privileges, Immunities and Powers) Act.”
It was also put forward that Standing Orders 43 (4) and 43 (6) are
“unconstitutional, null and void.”
The
Opposition Leader further offered that the suspension from the House
was “effected in a manner that violated” his rights “under sections 1
and 8 of the Constitution to the protection of the law and was,
accordingly, illegal, unlawful and null and void and of no effect.”
The
Claim also asserts that the Speaker of the House Claudius Francis “had
no power to order the detention of the claimant when he attempted to
leave the Chamber of the House of Assembly or at all.”
The
Affidavit further states: “The arrest or detention of the Claimant was
unlawful and violated the Claimant’s rights under sections 3 and 12 of
the Constitution to personal liberty, freedom from arrest and free
movement in Saint Lucia was accordingly illegal, unlawful and
unconstitutional.”
The
Leader of the Opposition is also seeking from the Courts an Injunction
against the Speaker of the House restraining him in his capacity as
Speaker of the House “whether by himself, his servants or agents or
otherwise howsoever, from excluding or otherwise preventing the Claimant
from attending any sitting of the House or entering the precincts of
the House.”
Mr.
Chastanet is seeking damages for the breach or other contravention of
his Constitutional Right and damages for wrongful arrest and detention,
as well as for the unlawful suspension and the breach of his rights to
serve as a member of the House.
The
Opposition Leader’s request of an interlocutory injunction would
restrain the House Speaker until the conclusion of the trial “from
excluding or otherwise preventing the claimant from attending any
sitting of the House or entering the precincts of the House.”
The
very detailed and well-researched 43-page Affidavit lists the facts
upon which the claim is based, giving information about what was said in
the House of Assembly, information about the Bananes Bay Land sale
which the Leader of the Opposition was enquiring about during the House
session in question and the events leading up to and subsequent to the
point of order raised by the Castries Central MP. The claim details the
ruling by the Speaker of the House, the arrest and suspension of the
Leader of the Opposition.
In
a statement after the case was filed, Opposition Leader Honourable
Allen Chastanet noted that this case is not just about him but for the
people of Saint Lucia.
“I
will not be silenced,” said Hon. Chastanet. “I took a crucial step in
upholding justice and protecting our constitutional rights. This legal
action is in response to the multiple breaches of my constitutional
rights, including unlawful detention and their attempts to prevent me
from attending future sessions of Parliament. I firmly believe in the
importance of transparency, accountability, and the preservation of our
democratic values. This fight is not just for me, but for the democratic
principles and values that we all hold dear. Since July 26th 2021, we
have consistently witnessed the Government use its 15-2 majority to
abuse parliamentary procedure and the civil liberties of citizens. This
case is a stand for all the people feeling the chilling effect of the
abuse of power perpetuated by the Philip J Pierre administration. I will
not rest until justice is served.
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