Pigeon Point ‘owners’ file motion against THA

A constitutional mo-tion has been filed against the State by the owners of Pigeon Point challenging the proposed compulsory acquisition of the property “for public purposes” recently initiated by the Tobago House of Assembly (THA). The motion was filed yesterday by property owners Robinson Crusoe Limited (RCL) — a subsidiary of the Ansa McAl Group of Companies, according to a release issued yesterday by RCL.

This is the latest twist in the longstanding impasse between the powerful Ansa McAl Group and the THA over “public access” to the popular beach-front property on which a private members club, Club Pigeon Point, has been established. In an immediate response, THA Chief Secretary Orville London stressed he had no problem with anyone “doing what they think is necessary to protect their interest, in fact, exercising their right to protect their interests by whatever means necessary.” At the same time, London however insisted that the THA, and by extension the State, also has “a responsibility to do whatever is necessary to protect the public interest. One is a right and the other is a responsibility!” he declared.

London told Newsday there will be no retreat by the THA in its quest to acquire the Pigeon Point Estate as the move was all in the public’s interest. With respect to the action taken by RCL, the THA was prepared to respond, therefore a court battle is certainly on. Also commenting on this latest development, Assem-blyman Anthony Arnold, an attorney-at-law, who is assistant secretary in the Office of the Chief Secretary with responsibility for Public Administration and Legal Affairs, told Newsday: “As a citizen of Trinidad and Tobago, if he feels that his consitutional rights are being infringed, he does have recourse to due process of law in the courts.” He, too, conceded that he did not have a problem with the action taken by the property owners.

In the release, RCL claims that the action was being taken “after the rejection of considerable and very generous concessions” offered to the THA by RCL “in order to resolve its four longstanding concerns.” RCL said that after lengthy negotiations between Septem-ber 2002 and April 2003 the four substantive points “were identified and agreed by both parties resulting in an outline agreement published by the THA in the media on April 15, 2003. This was followed by a Draft Memorandum of Under-standing that was expected to be refined into a final implementation agreement,” the release added.

RCL claimed that shortly afterwards the THA “withdrew from the agreement and announced its intentions to pursue a course of compulsory acquisition.” However, it says that to date it has not received any official notice or communication from the State advising of this course of action, but is informed via media reports that “the THA is progressing rapidly with the acquisition process.” In the circumstances, RCL said it is “compelled by duty and responsibility to its shareholders and investors to take the necessary steps within the laws of Trinidad and Tobago to protect and preserve their rights and assets.” RCL however said that despite this recourse to legal action, it remains convinced that negotiation and dialogue is in the best interest of all concerned and “is committed to pursuing this avenue should the central Govern-ment or the THA see this as appropriate.”

The THA Chief Secretary said he was in no position to comment or respond to RCL’s claims as he was not briefed, officially or otherwise, on the contents of the release. He promised to issue a comprehensive statement on this latest development in the contentious Pigeon Point issue today.