Home' Trinidad and Tobago Guardian : August 14th 2014 Contents A21
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3Happy Birthday, SAM.
The Highway Re-
(HRM) has signalled
its intention to peti-
tion the Privy Council
as it continues its legal
challenge of the Debe
to Mon Desir leg of
the Point Fortin high-
Last week, the Court
of Appeal handed
down a majority deci-
sion dismissing the
HRM s appeal seeking
to reverse Justice James
Aboud s decision to
dismiss its application
for a conservatory
order, or injunction, to
stop works on the Debe to Mon Desir leg.
But in a press release, the HRM, headed by Dr
Wayne Kublalsingh, said it had taken an "unanimous
decision to instruct its lawyers to appeal to the
Judicial Committee of the Privy Council to seek
the conservatory order.
"We have given instructions to our lawyers to
make the necessary applications to the local Court
of Appeal to get leave to apply to the Privy Council.
Our lawyers will apply to the Court of Appeal for
an interim injunction to stop works pending our
appeal to the Privy Council," the HRM said.
Justices of Appeal Rajendra Narine and Prakash
Moosai in their 18-page judgment ruled for the
State, while Justice of Appeal Gregory Smith ruled
for the HRM. The majority decision carried in the
matter, ending the HRM s appeal.
In its release, the HRM said it had been advised
that the majority decision of the Court of Appeal
was inconsistent with the decision of the Court of
Appeal of 1985 in the case Sumair Bansraj vs the
According to the HRM, in 1985 Justices Kelsick,
Braithwaite and Persad held that "where an indi-
vidual or group file a constitutional motion alleging
that constitutional rights have been infringed, the
High Court and the Court of Appeal have a duty
to grant an order preserving the status quo until
the constitutional motion is heard and determined."
HRM endorsed the judgment of Justice Smith,
which stated that Justice Aboud s decision not to
grant the conservatory order was "plainly wrong."
Smith, in his ruling, wrote that the trial judge
(Aboud) "seems to have failed to factor properly,
or at all, the obvious public interest concerns in
respect of the long-term environmental and social
damage and costs which were mentioned in the
He also ruled that Aboud appeared not to have
"factored in adequately, or at all, a proper consid-
eration of the need to preserve the status quo.
"In the result, the exercise of his discretion was
in my view, plainly wrong. Having considered the
preservation of the status quo, I am of the view
that an interim conservatory order should have
been granted in this case."
SCHOOL SUPPLIES PRESENTATION
Urvi Ramadhar, daughter of Congress
of the People (COP) leader Prakash
Ramadhar, centre, presents Aaron
Mohit, left, with school supplies
during a distribution ceremony on
Tuesday for constituents at the St
Augustine South Community Centre,
St Augustine. Looking on is Councillor
Ishwar Muttoo. PHOTO: ABRAHAM DIAZ
"We have given instructions to our lawyers
to make the necessary applications to the
local Court of Appeal to get leave to apply
to the Privy Council. Our lawyers will apply
to the Court of Appeal for an interim
injunction to stop works pending our appeal
to the Privy Council," the HRM said.
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