Naked defence in 20ft fence case

Yesterday, the Penal woman, Davika Bhimull-Bisnath, pleaded in defence which she filed in the High Court, that the reason why she constructed such a high fence was because her neighbour’s family members often bathe naked in their yard. She further stated that whilst the fence is high and blocks off the neighbour, Santie Bhimull, she and her family cannot continue to see female members showering and walking around naked in plain view. Bhimull-Bisnath even tendered photographs in her defence, of people bathing in the nude and which have been attached as exhibits to the defence she filed in the High Court, San Fernando.

The issue of the 20- foot tall fence between the two homes at San Francique, Penal, shot into the limelight in November last year when neighbour Santie, 58, filed a lawsuit in the High Court against Bhimull-Bisnath whose house is next door to hers at San Francique Village, Penal.

She contended that the law allows her and her family the right to enjoy viewing, sunlight and airspace from her home, but the Bhimull-Bisnath fence is too high. The woman further contended in her lawsuit filed by attorney Stephen Boodram, that each morning she has to endure the sight of the fence alongside her house which separates her boundary from Bhimull-Bisnath’s residence next door. The case is unprecendented in the history of Trinidad and Tobago, for never has anyone sued against not being able to enjoy viewing, sunlight and airspace from their homes.

Claiming that she has been so badly affected, Santie also filed a complaint with the Town and Country Planning Division (TCPD) in which she complained that regulations regarding the height a fence should be constructed between residential homes had been violated.

The woman outlined the predicament of having to endure each morning for several months, the sight of the fence alongside her house which she stated, prevents air from flowing into her home.

In December last year following Santie’s lawsuit, the TCPD decided to take action against construction of the 20-foot high galvanise fence between the properties and warned Bhimull-Bisnath that permission to build a fence of such a height, must first be sought.

The TCPD’s letter invited Bhimull-Bisnath to apply for permission to construct such a wall and it would be considered by the Minister of Planning and Development.

Bhimull-Bisnath stated that she is willing to remove the 20-foot fence in order to comply with the TCPD’s regulations, but on condition that the claimant’s family are restrained from showering and walking about naked in their yard.