16th May 2023

Leader of the opposition to return to parliament after court hearing

By Leader Of the Opposition

Sharing an update regarding my court case against the Speaker and the Attorney General which was heard this morning.

As you would know, my attorney's made an urgent application for an interim injunction to restrain the Speaker of the House from excluding myself, as Leader of the Opposition and a member of the House, from sitting in the House when it next convenes.

When the matter came on for hearing today, the judge’s attention was drawn to the fact that Mr. Ernest Hilaire had filed an affidavit in Court this morning indicating that the Government members intended to pass a motion at the next sitting of the House to lift the suspension, which I contended as unlawful. On that basis, the parties negotiated the terms of an undertaking that was given by the Speaker to the Court, which has the same injunctive effect as if an order had been made by the court in those terms. The undertaking given by the Speaker was as follows:

(1) to invite Claimant to attend the next sitting of the House, whenever that should occur;

(2) not to exclude or cause to be excluded the Claimant from entering the House or the precincts of the House;

(3) to allow the Claimant to take his seat in the House, but not participate in proceedings, pending the vote on the motion to lift the suspension of the Claimant;

(4) the motion to lift the suspension of the Claimant shall be the first matter to be dealt with by the House at the next sitting of the House, whenever that should occur; and

(5) upon the motion being carried the Claimant will be at liberty to carry on his duties in service of the House.

I will, therefore, be attending the next, and any subsequent, sittings of the House. My substantive claim for a declaration that my suspension and detention were unconstitutional and unlawful, and for damages, has been scheduled for case management and trial later this year.

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