Homless man victorious in Court

Hugh Bernard, who in September had been refused permission to pursue his judicial review claim against the Corporation for implementing the measure without providing alternative facilities, three appellate court judges reversed the decision.

Justices of Appeal Peter Jamadar, Gregory Smith and Charmaine Pemberton yesterday granted leave to Bernard to pursue his case, and the city corporation has given its assurances that the final gate to the square will not be locked until the matter is resolved in the courts. In September, Justice Eleanor Donaldson- Honeywell dismissed Bernard’s claim even as she praised him for raising awareness of the plight of homeless people in TT.

In the lawsuit, Bernard claimed the homeless were adversely affected by the corporation’s decision to place locks on the gates which denied them and other members of the public entry into the square.

In December of last year, the Corporation erected a fence around the perimeter of Tamarind Square, and towards the end of January, locks and chains were placed on the gates.

Four of the five gates around the square have been locked and the fifth gate has a padlock but has not yet been locked as the others.

The lawsuit contended that if this fifth gate to Tamarind Square was locked, the socially displaced will have nowhere left to go.

Bernard argued that it was unfair to him and the other homeless people that they will be denied entry into the square without any alternative arrangements being made to accommodate them.

He also sought to have the court make an order requiring the City Corporation to leave the gates open until viable alternatives are made for them and that tents and portable toilets be placed in the square.

Representing Bernard were Christopher Hamel Smith SC, Imran Ali and Krystal Richardson while John Jeremie SC and Kerwyn Garcia appeared for the Corporation.