Side note:
January ruling set for disputed highway caseHigh Court Judge James Aboud is expected to deliver judgement in the Highway Reroute Movement (HRM)'s protracted lawsuit, challenging the controversial Debe to Mon Desir segment of the Solomon Hochoy Highway extension project to Point Fortin, in January.
Aboud reserved his judgement in the case after attorneys representing the State completed their oral submissions at the Hall of Justice in Port-of-Spain on Wednesday afternoon.
Aboud said that he wanted to deliver the judgement in the six-year-old case before the end of the year but would be hampered by his busy trial schedule. The exact day on which the judgement will be delivered would be announced by Aboud at a later date.
During the hearing on Wednesday, Senior Counsel Russell Martineau called on Aboud to dismiss the aspect of the claim in which the group is claiming that it had a legitimate expectation that Government would follow the recommendations of 700-page technical report which was prepared by a team of 17 professionals led by former Independent senator Dr James Armstrong in 2014.
The report, which was produced following a 21-day hunger strike by the group's leader Dr Wayne Kublalsingh outside the Office of the Prime Minister in St Clair, recommended that construction work should stop immediately to allow further scientific assessment.
Martineau stated that there was no evidence that government ministers gave binding assurances that the government would adopt the position recommended in the report.
"We never promised to be bound by the Armstrong Report, but just to consider it," Martineau said.
He also rejected the group's claim that the breach of their alleged legitimate expectation contravened its members' constitutional rights to “life, security, enjoyment of property, to freedom of expression and freedom of association”.
"The government has a responsibility not only to the HRM but to all citizens who would benefit from the project," Martineau said.
As a secondary issue, the group is seeking a declaration that the alleged actions of former national security minister Jack Warner and the T&T Regiment in destroying the Debe protest camp on June 27, 2012, were illegal.
Martineau claimed that they the protesters were trespassing on the land and had been asked to vacate by National Agricultural Marketing and Development Corporation (Namdevco) before soldiers were called in to assist in removing them.
Martineau said that the T&T Regiment could be used to assist with civilian issues.
"Armies are not confined to war or military action," Martineau said, as he described the move as the "most cost-effective" option.
He also said that the group had failed to produce evidence that the soldiers were receiving instructions directly from Warner.
The case had been derailed on multiple occasions as the parties filed numerous preliminary applications before it was eventually listed for trial, last year.
Since the lawsuit was filed, the project has stalled due to issues with financing and Brazilian contractor OAS Construtora.
In June, Prime Minister Dr Keith Rowley opened completed segments of the highway and turned the sod for construction on several incomplete segments.
The group is being represented by Ramesh Lawrence Maharaj, SC, Fyard Hosein, SC, Rishi Dass and Anil Maraj.
Deborah Peake, SC, Kelvin Ramkissoon, Shastri Roberts and Ryanka Ragbir are appearing alongside Martineau for the State.
Source:
http://www.cnc3.co.tt/press-release/jan ... ghway-case