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Monday 19 February 2018
Crime and Court

Gas station challenge goes to Privy Council

A legal challenge by two brothers who ran two separate gas stations in South Trinidad will be further ventilated at the Privy Council.

Justices of Appeal Peter Jamadar, Charmaine Pemberton and Andre des Vignes yesterday granted leave for the case to go to the London courts.

Jamadar agreed the case needed further clarification of the issues raised in the lawsuit.

Adesh and Prakash Maharaj lost their appeal against the Ministry of Energy’s claim that they were running their gas stations illegally.

In a majority ruling, Chief Justice Ivor Archie and appellate court judge Nolan Bereaux overturned a decision of Justice Carol Gobin, who, in 2014, held that the ministry went beyond its powers when it decided to shut down the two stations. Jamadar disagreed with the other two judges.

The brothers had filed their lawsuit in 2013, claiming that the ministry unlawfully ordered the suspension of business at the stations pending the outcome of investigations on the suspicion that secret and improper operations were taking place.

Adesh Maharaj ran a gas station at King’s Wharf, San Fernando, while his brother ran one at Guapo/Fyzabad Main Road.

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