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Hands off, Bruce
Published: Thursday | January 20, 2011 0 Comments and 0 Reactions
Bert Samuels.
Lawyers warn PM against fiddling with court costs
Edmond Campbell, Senior Staff Reporter
ATTORNEY-AT-LAW BERT Samuels has upbraided Prime Minister Bruce Golding for suggesting this week that Parliament should consider implementing restrictions on hefty legal costs sought by lawyers.
Golding, who was participating in a debate on dual citizenship Tuesday evening, argued that the high legal costs awarded by the courts could prevent the poor from accessing justice.
"If I have any quarrel, it's about the level of costs that are now emerging out of our court system and I want to warn, Mr Speaker, it is getting out of hand," the prime minister said.
However, Samuels, in a letter to the editor, said the prime minister was looking in the wrong direction.
"Two cheers to you, prime minister, for thinking of the 'poor litigant' at this time but, respectfully, you are barking up the wrong tree. As a leader, we expect you to demand a high level of what Grandma used to say to me - 'Speak the truth and speak it ever, cost you what it may' - from your parliamentarians," Samuels said.
"Can you explain, sir, why, notwithstanding her embarrassing admission in the election petition matter, you have found Miss (Shahine) Robinson a worthy candidate of your party to seek re-election? What do you think young people who wish to serve think about your acceptance of her and the fact that you have elected to take the lawyers to task, rather than Miss Robinson, for misleading us?" he questioned.
Samuels said the prime minister, once more, seemed prepared to tell the judiciary "how to deal with the fruits of judgment to which a successful litigant is entitled against a loser who abused the process of the court and swore to a falsehood to prolong her unconstitutional stay in our Parliament".
Abe Dabdoub, the attorney-at-law who initiated the first dual-citizenship challenge in the courts, warned of no-holds-barred legal warfare in the courts if Golding attempted to introduce strictures on the award of legal costs by the courts.
A strident Dabdoub told The Gleaner yesterday that the prime minister could not intervene in the independence of the judiciary.
"He cannot take away from the judiciary that which is within its purview," Dabdoub declared. "That would lead to a constitutional action in which he would get his nose bloodied and no doubt incur more costs."
The attorney and former parliamentarian made it clear that damages and costs were the purview and discretion of a judge who hears the matter.
"Parliament cannot interfere based on the separation of powers which Mr Golding professes to be an adherent of. He has breached it every step of the way," Dabdoub insisted.
Last night, The Gleaner was unable make contact with representatives from the Jamaican Bar Association for comment.
edmond.campbell@gleanerjm.com
Published: Thursday | January 20, 2011 0 Comments and 0 Reactions
Bert Samuels.
Lawyers warn PM against fiddling with court costs
Edmond Campbell, Senior Staff Reporter
ATTORNEY-AT-LAW BERT Samuels has upbraided Prime Minister Bruce Golding for suggesting this week that Parliament should consider implementing restrictions on hefty legal costs sought by lawyers.
Golding, who was participating in a debate on dual citizenship Tuesday evening, argued that the high legal costs awarded by the courts could prevent the poor from accessing justice.
"If I have any quarrel, it's about the level of costs that are now emerging out of our court system and I want to warn, Mr Speaker, it is getting out of hand," the prime minister said.
However, Samuels, in a letter to the editor, said the prime minister was looking in the wrong direction.
"Two cheers to you, prime minister, for thinking of the 'poor litigant' at this time but, respectfully, you are barking up the wrong tree. As a leader, we expect you to demand a high level of what Grandma used to say to me - 'Speak the truth and speak it ever, cost you what it may' - from your parliamentarians," Samuels said.
"Can you explain, sir, why, notwithstanding her embarrassing admission in the election petition matter, you have found Miss (Shahine) Robinson a worthy candidate of your party to seek re-election? What do you think young people who wish to serve think about your acceptance of her and the fact that you have elected to take the lawyers to task, rather than Miss Robinson, for misleading us?" he questioned.
Samuels said the prime minister, once more, seemed prepared to tell the judiciary "how to deal with the fruits of judgment to which a successful litigant is entitled against a loser who abused the process of the court and swore to a falsehood to prolong her unconstitutional stay in our Parliament".
Abe Dabdoub, the attorney-at-law who initiated the first dual-citizenship challenge in the courts, warned of no-holds-barred legal warfare in the courts if Golding attempted to introduce strictures on the award of legal costs by the courts.
A strident Dabdoub told The Gleaner yesterday that the prime minister could not intervene in the independence of the judiciary.
"He cannot take away from the judiciary that which is within its purview," Dabdoub declared. "That would lead to a constitutional action in which he would get his nose bloodied and no doubt incur more costs."
The attorney and former parliamentarian made it clear that damages and costs were the purview and discretion of a judge who hears the matter.
"Parliament cannot interfere based on the separation of powers which Mr Golding professes to be an adherent of. He has breached it every step of the way," Dabdoub insisted.
Last night, The Gleaner was unable make contact with representatives from the Jamaican Bar Association for comment.
edmond.campbell@gleanerjm.com
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