Jack ‘missing’ in Highway Re-route case

Warner was expected to be called as a witness for cross-examination by attorneys for the HRM and Kublalsingh at the hearing of their constitutional claim filed on August 3, 2012.

At the end of the testimony by former deputy CEO of the National Agricultural Marketing and Development Corporation (NAMDEVCO) Alvin Seereram, Senior Counsel Russell Martineau, co-lead counsel for the Attorney General, said attempts had been made to contact Warner by telephone, email and letter by attorneys for the State, but he had not responded.

As a result, Kublalsingh’s and the HRM’s attorneys will not be able to challenge Warner on the evidence he gave on affidavit. They will now file submissions to advise trial judge Justice James Aboud on how he should treat Warner’s affidavit evidence.

In previous testimony, retired Chief of Defence Staff Major General Kenrick Maharaj testified that it was the minister who directed the army to go to the protest site.

In his evidence yesterday, Seereram denied giving permission to the HRM or Kublalsingh to occupy the land used as their protest camp in Debe.

“It is not true that I gave permission to set up the camp,” he said in response to questions put to him by Kublalsingh and the HRM’s co-lead counsel, Fyard Hosein, SC.

He also testified that NAMDEVCO planned to use the land used by the protesters as part of a packing house on the site. The land was owned by NAMDEVCO, he said.

Seereram also said he spoke with Kublalsingh on the day the camp was set up, April 20, 2012, and told him he would have to vacate the site immediately.

He admitted, however, that NAMDEVCO did not issue formal notices to quit to either Kublalsingh or the HRM members.

Kublalsingh, who testified in January, claimed he and the group had the permission of the “man in charge” of NAMDEVCO to set up the camp.

They 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 abide by the findings of a study by a team set up by the Joint Consultative Council for the Construction Industry (JCC) and led by former Independent Senator Dr James Armstrong.

Work on the highway to Point Fortin has stopped and its main contractor, the Brazilian firm Construtora OAS, was fired from the $7 billion project last year. The Government is seeking a new contractor.

In March, Works and Transport Minister Rohan Sinanan said no decision would be made on the Debe to Mon Desir segment of the highway extension without consultation with the HRM.

He made the statement after meeting with Kublalsingh and the HRM. According to the minister, the contentious segment was not a priority due to financial constraints.