Barring any unforeseen circumstances, the 2-year-old Martinus Francois vs Andy Daniel suit will be held tomorrow, March 30. The case was filed in 2019 by attorney Martinus Francois—over the failure of parliament to elect a deputy speaker.
When the Allen Chastanet administration assumed office in 2016, MP Sarah Flood-Beaubrun was installed in the position. The post became vacant about a month later upon her resignation. Soon afterward she became a Cabinet minister. A political impasse followed, with both the government and opposition refusing to nominate a candidate from their ranks to fill the vacancy.
Francois argues that this anomalous situation is unconstitutional, and is seeking a court declaration that it is a breach and violation of Section 36 of the Constitution. The attorney is also asking for a declaration as to the meaning, interpretation and construction of the aforementioned section— which says in part that when the office of deputy speaker falls vacant, parliament must elect a replacement “as soon as convenient.”
Francois wants a mandatory order to adjourn all future proceedings of the House of Assembly until a deputy speaker has been elected. Under interim relief, the attorney is hoping for a mandatory order to adjourn all further proceedings of the House until the final determination of the case.
From the improper filing of the case and serving of court papers, to the changing of a judge and COVID-induced delays, this matter has had many setbacks since 2019. Justice Rohan Phillip presided over a pre-trial hearing via Zoom on February 24, 2021. Attorneys Seryozha Cenac and Dexter Theodore represented Speaker Daniel. Francois and this reporter took in the proceedings from the High Court on Jeremie Street. The hearing was not without hiccups, as it had to be paused on at least three occasions, thanks to internet issues.
After dealing with procedural matters, the main and final item on the agenda was centered on a trial date. Justice Phillip proposed March 30 or June 29, 2021. The defense attorneys raised no objections to the March date. An eager Francois considered it “perfect.” With the support of both parties, Justice Philip announced that the trial was set for one day on March 30. (This means that all arguments from the claimant and defense will be heard on that day. It is unclear how soon thereafter Justice Philip will deliver a judgment).
“I feel very relieved about that because, you know, it’s like seeing the light at the end of the long tunnel,” Francois told the STAR after the trial date was set. “As you know I’ve been carrying this burden on my slender shoulders for a couple of years now. I’m very gratified that it is finally coming to an end and that victory is assured. Saint Lucians will see. The victory is not in doubt!”
The fact that Parliament is set to be dissolved this year for the purposes of elections does not seem to deter Francois. “The court will rule very shortly,” he said, “and this matter will be put to rest. This deputy speaker matter will be put to rest once and for all!”
This article first appeared in the March 2021 edition of the STAR Monthly Review. Be sure to get your printed copy on newsstands or view it here: https://issuu.com/starbusinessweek/docs/star_monthly_review_-_march_2021
