PORT-OF-SPAIN, Trinidad (CMC):

Former Prime Minister Basdeo Panday has lost a High Court battle to reclaim his parliamentary seat which was declared vacant last October after he was convicted of a corruption charge.

In a 45-page ruling handed down on Friday, Justice Charmaine Pemberton said that the Couva North seat, which Panday held before being convicted of not declaring the London bank account he had while serving as Prime Minister, must remain vacant until a general election is held.

The Appeal Court had later quashed Panday's conviction and ordered a retrial. A day after the decision was handed down, Panday attempted to regain his seat in the Parliament, but was prevented from doing so by Speaker of the House, Barry Sinanan, who gained parliamentary approval to take the matter to the court.

Keep the seat alive

Opposition leader Kamla Persad Bissessar, one of Panday's defense lawyers, had argued that the Appeal Court decision retroactively restored Panday's position as a sitting legislator.

But lawyer for the Clerk of Parliament, Jacqui Sampson, told the court that no steps had been taken to keep the seat alive after the 180 days granted to Panday to pursue his appeal.

Justice Pemberton said the arguments presented by all sides were "lucid and persuasive".

She said Panday's lawyers had argued for her "to go outside of the box and look to the wider issue of parliamentary democracy", while the attorneys for the Clerk of the Parliament reminded her that "at the bedrock of our constitution is the undeniable fact that the separation of powers doctrine is alive and well".

"It is true that the constitution may not speak to every situation that may occur in a nation's life. I agree wholeheartedly that this demands a purposive construction to give life and meaning to its provisions. However, the court must be careful not to rewrite the constitution; that is the duty and responsibility of parliament. We must not trespass."

"Thus, in accordance with the express terms of the constitution, I must conclude that notwithstanding the Court of Appeal decision which set aside Mr. Panday's conviction and ordered a retrial, Mr. Panday is required to vacate his seat of Couva North and the said seat is vacant," she ruled.

The Judge said that she was making no order as to costs.