Attorneys given no instructions on highway works

According to attorney Kelvin Ramkissoon, who appears with a team of lawyers for the Attorney General in the constitutional claim filed five years ago by Kublalsingh and the HRM over the construction of the contentious section of the highway, he had no formal instructions on what has been reported.

Ramkissoon was responding to a query by Justice James Aboud, who said he read something in the media about the road not being built.

“We are on the home stretch finally,” Aboud, said as he made the enquiry.

As he gave instructions to attorneys for the filing of closing written submissions, Aboud hinted at the possibility of delivering his judgment in February.

Lawyers for Kublalsingh and the HRM have been given until August 28 to file their submissions and legal authorities while the State’s lawyers are to reply by November 30.

Kublalsingh and the HRM’s lawyers will reply to the State’s reply on December 21.

Aboud has set aside January 22 for mention so that lawyers for either side can indicate if they will want to make oral submissions on key issues raised in the five-year-long case.

In their claim, which was filed in 2012, Kublalsingh and and the HRM are contending that the Government contravened their rights to “life, security, enjoyment of property, to freedom of expression and freedom of association” by building the highway without consulting them properly.

As part of their claim, Kublalsingh and the HRM also contend they had a legitimate expectation that the Government would have abided by the findings of a study done by the Joint Consultative Council for the Construction Industry (JCC) led by former Independent Senator Dr James Armstrong.

Work on the Point Fortin Highway has come to a halt and its main contractor Brazilian firm Construtora OAS was fired from the $7 billion project last year.

On the weekend, Kublalsingh said he was told by Government that the Debe to Mon Desir segment of the highway will not be built.

He also said Minister of Works Rohan Sinanan assured that consultation will be held with HRM should work have to be done on this part of the highway.

Kublalsingh twice went on hunger strikes to force the then Peoples Partnership government to reconsider the proposed highway route through the South Oropouche wetlands.

“We had meeting with the Minister of Works Mr Sinanan on March 13 and this meeting was requested by Prime Minister Dr Keith Rowley. At the end of the meeting, he (Sinanan) gave the undertaking that no works will proceed between Debe and Mon Desir which is the contentions segment of the highway until the HRM is first consulted. They didn’t have money to start any works at this time but in the event that they start work on that segment during their reign, they would first consult with us before any decisions are made.” Kubalalsingh said that at the meeting, which was also attended by the heads of NIDCO, he was told that there will be on-going consultation with the HRM.