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Hon. Julius Rejected By Supreme Court, Speaker Urges Conciliation, Espat Ready For War
posted (December 6, 2016)
In August it made the worst kind of history when PUP Cayo south Representative Julius Espat was forcibly ejected from the House of Representatives. And while the rough handed removal from the house floor provided those indelible images, the fact is he is still on suspension from the House. He hasn't received his pay as a representative from September, and he is not welcome on the premises of the National Assembly. So, Espat went to the Supreme Court, asking for relief. In a matter heard by the Chief Justice Kenneth Benjamin, he claimed that the Speaker misused his authority, and failed to follow the procedure for a suspension. Espat claimed his constitutional rights were violated by these abuses and oversights, and asked to court to remedy it - basically by telling the Speaker and the National Assembly Clerk Eddie Webster how they should have handled the matter.

Acting Solicitor General Nigel Hawke and Crown Counsel Agassi Finnegan appeared for Peyrefitte and Webster. They put in no defence and asked that the matter be struck out. They argued that the House has its own internal procedures for dealing with the suspension, and the Courts shouldn't freely meddle in Parliamentary matters.

Those arguments were presented in writing and heard in open court two weeks ago. The Chief Justice delivered his decision today - in advance of Friday's House Sitting.

He surprised the mostly PUP observers in the courtroom - when he agreed with the Solicitor General - and struck out the matter - saying that the two sides should resolve the suspension according to house rules. The CJ also ordered that Espat should pay Government's costs - but in a magnanimous gesture - the Solicitor General declined.

It's a big win for the Solicitor General's office, but he declined comment. House Speaker Mike Peyreffitte did speak with the media, and he avoided triumphalism, while urging reconciliation:...

Hon. Michael Peyrefitte, Speaker of the House
"The decision of the chief justice to say he doesn't have jurisdiction because it doesn't fall within the ambit of a true constitutional issue, it doesn't surprise me when you look at the law as it stands today."

Jules Vasquez, 7News
"For you, is this a vindication that you acted within the regulations of the standing orders?"

Hon. Michael Peyrefitte, Speaker of the House
"Jules, well I don't need any vindication. I do my job to the best of my ability and if the chief justice had determined that I was wrong and gone to the case on the term that I was wrong then I would have respected what he would have ordered. So it's important for me to say this, there's no victory here. I take no pride or any joy in having the people of Cayo South without their representative in the house, that's not a good thing. The house has rules and I believe that members have to follow those rules."

Magali Marin-Young, Appearing for Andrew Marshalleck
"Clearly the client is disappointed, has expressed the desire to proceed with an appeal, disappointed because we did not feel that this was a clear cut case where judiciary could not intervene in parliamentary affairs especially since there is serious allegation of breach of fundamental rights and the speaker not lawfully suspending the Member of Parliament for Cayo South."

Hon. Julius Espat, PUP Cayo South Representative
"It's a good thing for people to see. This has been played out on television, everybody saw what happened and so it's very disappointing, because I am not defending Julius Espat in this case, I am representing thousands of people and the system is the problem. I have been insisting from the day, we are fighting against a system that is holding us down and if it's holding a representative down imagine how it's holding a regular man on the ground out there now. So we will continue our fight because it is a just one."

Jules Vasquez, 7News
"But is the judiciary apart of that system you speak about that's holding people down?"

Hon. Julius Espat, PUP Cayo South Representative
"I think the system in general and I am not specifying the judiciary. You look at your statistics, your conviction rate is at what? 7%? Because people get away by technicalities and technicalities is affecting us right now in this country. It is a fundamental problem that we have in our society and I am willing to take it all the way. And our learned attorneys are in agreement that we should appeal it all the way."

Hon. Michael Peyrefitte, Speaker of the House
"Why pull on the matter, if you appeal you take it way to the court of appeal and then if the court of appeal decides against one of us and then where do we go? To the Caribbean court of justice? Then when do you get a final decision? January of 2019? Is the member prepared to sit out until then? I don't think that is the smartest move for him but he has his team of highly esteemed advisors, that is up to him. I would not advise him to do that but I cannot give him any advice, I would rather we sit down and try to work it out."

We understand efforts were being made to try and work it out between senior members for both sides, namely UDP Party Whip Michael Finnegan and the PUP's most senior parliamentarian Said Musa. But those talks stalled when Espat took the matter to court. It is now left to be seen if Finnegan would be willing to reactivate that effort - since it requires the support of the government side.

But, what will happen on this Friday when a house meeting is scheduled? Will Espat tempt fate and appear while his suspension still stands? And will the Speaker order that he be kept off the house premises? That's what we asked both sides today:...

Jules Vasquez, 7News
"So now what happens on Friday Mr. Espat? There's a house meeting, will you attend?"

Hon. Julius Espat, PUP Cayo South Representative
"I will be there, I'm seeking advice right now from our legal attorney and I'm also having a meeting with the party to see what our position will be."

Jules Vasquez, 7News
"So what will happen on Friday at the house meeting sir?"

Hon. Michael Peyrefitte, Speaker of the House
"Well he's suspended so I don't anticipate that everything could be cleared up for Friday. If the leader of the house or the opposition were to come to me and say that they have spoken about this and that they have come to some agreement and they want to make a motion to bring the member in Friday, I would have no problem with that. I would've read the motion and they would vote on it because to bring him back requires a vote of the house. Like I said, I don't anticipate that that will happen Friday but if it happens for Friday, I would have no difficulty with that."

Jules Vasquez, 7News
"When you go to the house on Friday, the officers of the house may be instructed to keep you from the premises. What do you foresee happening there?"

Hon. Julius Espat, PUP Cayo South Representative
"Well I did not foresee what would have happened the last time and I am not foreseeing what will happen this time but I will be there so we will see what will happen."

Jules Vasquez, 7News
"But are you prepared to go....?"

Hon. Julius Espat, PUP Cayo South Representative
"I am always prepared and I will never back down so that's not even a question in my mind."

Reporter
"So you're prepared for a repeat to be dragged out?"

Hon. Julius Espat, PUP Cayo South Representative
"Well if this is a boxing ring I am here to box."

Hon. Michael Peyrefitte, Speaker of the House
"The rules are clear, the member is suspended, it's very unfortunate that he said what he said but I am hoping that cooler heads will prevail and he would not go there against the orders of the house."

Jules Vasquez, 7News
"Mr. Espat has expressed his determination to attend Friday's house sitting, will you take measures as the leader of the house to make sure that particular kind of chaos does not unfold again?"

Hon. Michael Peyrefitte, Speaker of the House
"I will do my best but a large part of what happens Friday is up to the member from Cayo South. I cannot control everything, he also has to control himself and his behavior."

And, of course, we'll be up front at Friday's house meeting to see what happens.

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