Judge rules against homeless families

After hearing submissions from the group’s attorney, as well as Senior Counsel Ernest Koylass who represented Minister Mitchell, Justice Margaret Mohammed ruled in the San Fernando High Court that the group did not meet the threshold required in law, to move the court to grant their application.

The families have been living in tents pitched on the road near an HDC apartment complex in Gasparillo which was condemned several years ago as being unsafe for human habitation but which was still occupied by the families up to a few months ago when the HDC evicted them. Doors and windows to the apartments were sealed by the HDC to prevent re-entry.

On Wednesday, attorney Cherry Ann Rajkumar filed a judicial review application in the High Court.

The lawsuit sought to direct the HDC to direct the San Fernando City Corporation to allow the families to occupy the San Fernando Centre for the Displaced. On Tuesday night the residents held a candlelight vigil and prayed for their success in the court matter yesterday. The Minister was served with lawsuit on Monday at 3 pm.

Yesterday, attorney Rajkumar submitted to Justice Mohammed that by virtue of the Housing Development Corporation Act, the minister has specific powers one of which is to direct the board to provide emergency housing for residents.

Several members of the group waited in the corridor of the court while the judge heard the matter in Chambers.

Koylass submitted that the residents did not have a basis to be granted judicial review because there was no evidence to show the minister did not carry out his duties in respect of meeting and treating with the residents.

The residents left the court dejected. Marabella businessman Marvin Ramnarine who filed an affidavit in support of the displaced residents, said he would continue to assist the families by providing some of the basic necessities they need. “I cannot bear to see these families including those with children, live on the road like this. We will continue to support their fight to be treated with dignity.”