Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • logo
      • logo
      • logo
    • About Us
      • logo
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • From the Courts
      • Features
      • Special Features
      • Sports
      • Regional / World
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Prof. J Robinson – Eye of the Needle
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • logo
      • logo
      • logo
    • About Us
      • logo
      • St. Vincent & the Grenadines
    • Subscribe
Understanding the Law
August 3, 2012

Privy Council Decision – Randolph Toussaint v Attorney General – part 1

On July 16, 2007 the Lords of the Judicial Committee of the Privy Council in appeal No. 28 of 2006 delivered the judgment in the case of Randolph Trueman Toussaint and the Attorney General of Saint Vincent and the Grenadines. In allowing the appeal their Lordships advised Her Majesty that the statement made in the House of Assembly by the Prime Minister during the debate of the House of Assembly was “admissible in evidence in support of the appellant’s claim not withstanding s16 of the House of Assembly (Privileges, Immunities and Powers) Act 1966.”{{more}}

The appeal arose out of what the appellant alleged was the Government’s “discriminatory and or illegitimate expropriation” of land belonging to him. In 1990, while he was the Commissioner of Police, he bought 12,570 square feet of crown land through the Development Corporation for a sum of $6,478.50.

When the Government changed hands in 2001, the Attorney General of the new government wrote the appellant in relation to the land. In her letter to the appellant, she suggested that he had knowledge of the developmental potential of the land and indicated that the land was purchased at a lower price than what was the fair market price because of the appellant’s “close relationship” with the previous government. She, therefore, required him to pay some $84,220.50 which appeared to be a shortfall on the price of the land, together with the stamp duty. As the appellant failed to respond, the Attorney General again wrote to him suggesting that the appellant return the land and be refunded.

The issue of the conditions surrounding the purchase of the land was raised by the Prime Minister during the budget debates in Parliament on December 5, 2002. The appellant saw the televised broadcast and obtained a video tape to support his claim that the reason for the expropriation was political. However, the appellant failed to obtain permission from the Speaker of the House to use statements in evidence relating to the debate in the House of Assembly. The Attorney General applied to the court to strike out the statements made in the appellant’s claim form and affidavit. Blenman J, the trial judge, struck out paragraphs in the claim and affidavit based on the Prime Minister’s statements and the appellant went on to the Court of Appeal, which held that the statements were inadmissible under the Privileges Act of 1966 as the Speaker did not give permission for the use of the same.

The appellant wished to rely on the Prime Minister’s statement in Parliament, as he thought it gave the true reasons for the compulsory acquisition rather than that given in the Government Gazette, that is, the setting up of a Learning Centre for the people of Canouan under the Land Acquisition Act 1946. The appellant declared that the Learning Centre was “a sham and a stratagem to deprive him of his land unlawfully.”

The Respondent, in asking the Court to strike out the statements of the Prime Minister in the appellant’s claim form, relied on certain sections of the Constitution, the Privileges Act 1966, the Evidence Act of 1988 and Article 9 of the Bill of Rights, 1689. Their Lordships in their discussion referred to Article 9 of the Bill of Right and the broader common law as given in the New Zealand case of Prebble v Television New Zealand Ltd. [1995] 1AC. They also referred to comments of the Joint Committee on Parliamentary Privilege, on the effect of a prohibition on questioning of issues “out of parliament”. They pointed to a number of cases where the House of Lords stated that use may be made of ministerial statements in judicial review proceedings. Their Lordships posit section 3 and 16 of the Privileges Act 1966, which grant immunity to the Speaker of the House against the Appellant’s constitutional rights to property and to non-discriminatory treatment. They felt that “fairness, publicity and promptness” were guarantees that would be meaningless in the absence of protection for access to the court.

(To be continued)

Ada Johnson is a solicitor and barrister-at-law.
E-mail address is: exploringthelaw@yahoo.com

  • FacebookComments
  • ALSO IN THE NEWS
    Questions mount over sudden death of Constable Kenrick Scott
    News
    Questions mount over sudden death of Constable Kenrick Scott
    Jada 
    July 22, 2026
    The Royal Saint Vincent and the Grenadines Police Force (RSVGPF) has confirmed the death of Police Constable #1116 Kenrick Scott. According to officia...
    Three men shot dead in City
    Front Page
    Three men shot dead in City
    Webmaster 
    July 21, 2026
    THE SHOOTERS who created chaos in Kingstown last Friday night July 17, killing three people, were said to be decked out in black clothing and wore bul...
    Top cop tells killers the law is coming after you
    Front Page
    Top cop tells killers the law is coming after you
    Webmaster 
    July 21, 2026
    COMMISSIONER OF POLICE (COP), Enville Williams has warned the killers involved in last weekend’s triple homicide that a highly coordinated, multifacet...
    Chickenpox outbreak HMP
    Front Page
    Chickenpox outbreak HMP
    Webmaster 
    July 21, 2026
    A CHICKEN POX OUTBREAK at Her Majesty’s Prison (HMP), Belle Isle, is being monitored by prison authorities and health personnel with 13 people, having...
    Scrapping Registration, Tuition fees will hurt rural secondary schools most – Principal
    Front Page
    Scrapping Registration, Tuition fees will hurt rural secondary schools most – Principal
    Webmaster 
    July 21, 2026
    THE PRINCIPAL of the Barrouallie Secondary School, Michael Scott, strongly believes that a forensic study should have been conducted in secondary scho...
    Rock says CKDO was blocked and offered no government help for its 2026 Summer programme
    Front Page
    Rock says CKDO was blocked and offered no government help for its 2026 Summer programme
    Webmaster 
    July 21, 2026
    THE PRESIDENT of the Central Kingstown Development Organization (CKDO), Leroy Rock, is accusing the Ministry of Social Welfare, Community Empowerment,...
    News
    Questions mount over sudden death of Constable Kenrick Scott
    News
    Questions mount over sudden death of Constable Kenrick Scott
    Jada 
    July 22, 2026
    The Royal Saint Vincent and the Grenadines Police Force (RSVGPF) has confirmed the death of Police Constable #1116 Kenrick Scott. According to officia...
    Gonsalves urges gradual fuel price hikes and minibus subsidies
    News
    Gonsalves urges gradual fuel price hikes and minibus subsidies
    Webmaster 
    July 21, 2026
    OPPOSITION LEADER Dr.Ralph Gonsalves has suggested that the government subsidize minibus drivers while gradually increasing retail pump prices in resp...
    Taiwan Embassy screens documentary ‘A Chip Odyssey’
    News
    Taiwan Embassy screens documentary ‘A Chip Odyssey’
    Webmaster 
    July 21, 2026
    The Republic of China (Taiwan) hosted a special screening of the documentary ‘A Chip Odyssey’ at the Russell’s Cinema in Kingstown on Thursday, July 1...
    Thirty-five teens in Coast Guard Youth Summer Programme
    News
    Thirty-five teens in Coast Guard Youth Summer Programme
    Webmaster 
    July 21, 2026
    SOME 35 YOUNG PEOPLE between 14 and 18 years of age on Monday, July 13, 2026 began a four week training programme being undertaken by the St.Vincent a...
    A stitch in time!
    News, Our Readers' Opinions
    A stitch in time!
    Webmaster 
    July 21, 2026
    I HAVE PREVIOUSLY expressed the view that it would not be reasonable for Vincentians to expect that the new government would be able to correct in six...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok