ATTORNEY General Anand Ramlogan yesterday described as "preposterous" the claim that Section 34 of the Administration of Justice (Indictable Proceedings) Act, 2011 was included to help discharge the cases against United National Congress financiers Ishwar Galbaransingh and Steve Ferguson, who are charged in connection with the Piarco Airport terminal project.
"If that is so, then it means that Independent Senators, the entire Opposition and the Government were all party to something like that, and I think quite frankly that is fanciful.
"Our Independent bench, our Opposition bench and indeed the Government, we pass laws not by reference to personalities. We pass laws by reference to what we think is right and just," Ramlogan said.
He was speaking with reporters at yesterday's launch of the Drug Treatment Court Pilot Programme at City Hall, San Fernando.
Government announced yesterday that Parliament is being convened today in order to repeal Section 34 the Act.
This after concerns were raised that the section proclaimed stated that a judge must discharge an accused and record a "not guilty" verdict if the offence is alleged to have been committed ten years or more before the date of application.
Galbaransingh and Ferguson have filed petitions in the High Court, seeking their discharge and not-guilty verdicts.
Ramlogan said the section was being repealed to avoid the possibility of a defendant getting away from facing trial and being set free by the court.
He said common law always made provisions for people before the court who felt their rights were being violated because of an unreasonable delay in prosecution.
"The section is not new. That type of law has always been part of our legal system... by repealing it, what we do is fall back on the common law principles which have always been part of our legal system.
"That means that in appropriate cases, the court could still grant leave (to discharge the defendants) if the court deems it in the interest of justice," Ramlogan said.
Director of Public Prosecutions Roger Gaspard, who on Monday said he was concerned by the the implications of the proclaimed section of the Indictable Proceedings Act, was seen speaking with Ramlogan at yesterday's function.
However, Gaspard declined to comment.