Daly: No grounds for Appeal Court to interfere with judge’s decision

Martin Daly SC, legal representative for the Environmental Management Authority (EMA), argued at the Court of Appeal yesterday that there were absolutely no grounds for the Court to interfere with the discretion of the trial judge in denying an application made by Fishermen and Friends of the Sea (FFOS) for judicial review. Daly was referring to the decision made by High Court Justice Nolan Bereaux in August 2002 to dismiss an application for judicial review of the decision of the EMA to grant a Certificate of Environmental Clearance to bpTT to construct a natural gas pipeline at Guayaguayare. Daly appeared before Justices Lionel Jones, Rolston Nelson and Anthony Lucky. Former Attorney General Ramesh Lawrence Maharaj, who is representing FFOS, contended that Bereaux erred in law and that it was unreasonable for the trial judge to require an applicant to be prepared for judicial review while the preliminary process was taking place. He also argued that Bereaux considered the financial hardships bpTT would undergo if the application was granted but not those of other parties involved.

Daly argued that the trial judge did not ignore public interest in his decision and was not wrong in devoting as much attention as he did to the financial implications on bpTT if the FFOS application was granted. In response to the allegation by Maharaj that the judge did not deal with the alleged issue of illegality in accordance with the law, Daly argued that no prima facie finding of illegality on behalf of the EMA was made by the judge. Daly, who is assisted by attorney Maxine Williams, is expected to continue arguments today along with bpTT representatives Russell Martineau SC and Deborah Peake.