Former prime minister Patrick Manning's referral to the Privileges Committee at Parliament is now being challenged at the High Court.The San Fernando East Member of Parliament on Thursday filed an application for leave for judicial review of the committee's decision to refuse him proper representation at a disciplinary hearing.But before he can be granted leave to challenge the decision, his team of lawyers must first convince Justice Charmaine Pemberton that she had the "jurisdiction" to review the decision.
Manning was referred to the Privileges Committee on November 26, 2010, for his remarks in the Lower House on November 19, about the cost and funding of a new house of Prime Minister Kamla Persad-Bissessar.During a debate on November 19, on the Interception of Communications Bill 2010, Manning showed a photograph of Persad-Bissessar's house being built at the SS Erin Road, Phillipine, and alleged it cost $150 million.
In an expedited hearing at the Port-of-Spain High Court yesterday, Manning appeared together with his attorneys John Jeremie, Kerwin Garcia and Stuart Young.Deborah Peake, SC, and Rikki Harnanan appeared for the committee and chairman Wade Mark.Manning is seeking to have declared as "unlawful, null, void and of no effect," the decision by the committee contained in a letter dated February 10, 2011.He is claiming the decision to refuse him proper representation contravenes his right to a fair hearing.
He had written to the committee asking that his legal adviser also be allowed to ask questions on his behalf.But the request was shut down by the committee.The committee members also include Dr Roodal Moonilal, Dr Tim Gopeesingh, Prakash Ramadhar, Rodger Samuel and Chandresh Sharma, and Opposition members Donna Cox, Colm Imbert and Patricia McIntosh.Pemberton directed that attorneys for both sides file and exchange written submissions by Tuesday.She is expected to rule on the preliminary issue on February 24.
