Judges to rule next week

NEXT week Friday, three appellate court judges will rule on whether environmental activist group Fishermen and Friends of the Sea (FFOS) will be given permission to take to the Privy Council its challenge to the permission given to the state to begin work on the first phase of the multi-million dollar Churchill-Roosevelt Highway extension to Manzanilla.

Justices of Appeal Rajendra Narine, Prakash Moosai and Charmaine Pemberton yesterday reserved their decision on FFOS’ application for conditional leave to appeal to the Privy Council and an application for an interim injunction to stop work on the 5 kilometre highway extension. Last month, the Court of Appeal, in a majority ruling, dismissed the FFOS’ legal challenge to the construction of the highway. The FFOS challenged the process used by the EMA for granting a certificate of environmental clearance (CEC) for the $400 million phase one of the project between Cumuto and Guaico, claiming it was procedurally flawed and failed to consider alternative routes which would have less impact on the environment and communities. FFOS also argued the work was affecting the Aripo Savannas forest reserve, which the EMA declared an environmentally sensitive area in 2007. In arguments on Monday, FFOS attorney Jayanti Lutchmedial contended that the court had “wide discretion” to consider the importance of the arguments raised by the lobby group, especially when one of the three appellate judges who considered the appeal found that there may have been arguable grounds raised in the case. In support of an injunction being granted, Lutchmedial argued that damage was being done to the environmentally sensitive area as work progresses on the highway. Lead attorney for the EMA, Deborah Peake, SC, said apart from the millions already spent by the state to satisfy the CEC’s requirements, there was “no genuinely disputable issue” to send to the Privy Council.

She said on the FFOS’ own evidence, the EMA was doing its job of policing the CEC requirements. Peake also said it would be speculative to say what damage to the environment might be caused by the construction of the highway. Adopting the EMA’s position were attorneys for the Ministry of Works and Transport and its contractor KallCo.

Senior Counsel Douglas Mendes, who represents KallCo, also added that there will be prejudice not only to his client but also the state, which, like the contractor, has expended millions in preparation of the commencement of work on the highway, but also the communities which stood to benefit from the project.