.jpg)
Former House Speaker Marisa Dalrymple-Philibert
By Racquel Porter
Parish Court judge Leighton Morris is to make a decision on December 6, whether the Integrity Commission's case against former House Speaker Marisa Dalrymple-Philibert will be thrown out or proceed to trial.
Mrs. Dalrymple-Philibert was bound over when she appeared in the Kingston and St. Andrew Parish Court on Friday.
Attorney King's Counsel Peter Champagnie, during his more than an hour long application, submitted that the proceedings should be halted on the basis of abuse of process.
Citing cases from the region, Mr. Champagnie argued that the eight charges against Mrs. Dalrymple-Philibert were misplaced as the wrong procedure was followed in arriving at them.
The Integrity Commission's Investigation Report into the Statutory Declarations filed by Mrs. Dalrymple-Philibert allege that she failed to disclose a Mercedes Benz GLA 250 motor vehicle, of which she was the legal owner.
According to the report, the Director of Information and Complaints, by way of a letter dated February 14, 2022, requested further particulars in respect of the vehicle in question.
In a response letter dated March 29, 2022, Mrs. Dalrymple-Philibert indicated that she does not own a 2015 Mercedes Benz GLA 250.
But the commission said the evidence obtained from Tax Administration Jamaica, Ministry of Finance, Jamaica Customs, and Sagicor Jamaica Limited, confirmed that the vehicle in question was acquired and registered in Mrs. Dalrymple-Philibert's name from 2015 until its divestment in May 2022.
However, Mr. Champagnie argued that during a question and answer session, Mrs. Dalrymple-Philibert indicated that she wished to correct the record, having checked further and stated that it was an oversight.
Citing a section of the Act, Mr. Champagnie said where there is doubt, the stipulation is that the process must go before a commission.
Arguing that the matter was not placed before any commission, Mr. Champagnie said the IC did not cause the matter to go before an inquiry instead it proceeded with a criminal investigation.
But the IC's prosecutor hit back at Mrs. Dalrymple-Philibert's legal team stating that the question and answer session was an inquiry based on the legislation.
The prosecutor said the defence's application to stay the case is baseless.
In the meantime, Mr. Champagnie in his application questioned whether the commission's approach to his client was simply because of her status.
Making reference to a letter from the commission, Mr. Champagnie pointed out that his client was asked to re-submit her statutory declaration with the information.
He said an opportunity was never given to Mrs. Dalrymple-Philibert for the matter to end at the re-submission.
Mr. Champagnie questioned further whether the principle of equality was applied.
comments powered by Disqus
All feeds
