Kublalsingh testifies in highway trial

His testimony comes almost four years after the constitutional claim was filed by Kublalsingh and the Highway Reroute Movement on August 3, 2012, 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.

At Wednesday’s hearing before Justice James Aboud in the Port-of- Spain High Court, Kublalsingh was questioned extensively on events surrounding his arrest on June 27, 2012, by lead counsel for the State, Russell Martineau,SC.

Among its contentions, Kublalsingh and the group are seeking a declaration that the alleged actions of former National Security Minister Jack Warner and a group of soldiers in destroying their Debe protest camp and arresting Kublalsingh and some of the group’s members on June 27, 2012, were illegal.

Kublalsingh was asked about the setting up of the camp close to the NAMDEVCO’s market in Debe, admitting that it was done to prevent the construction of a certain part of the proposed highway.

He also denied the assertion by Martineau that the HRM did not get permission to set up the camp on NAMDEVCO’s lands at the heavy-traffic location.

He said the group had the permission of the “man in charge” of NAMDEVCO to set up the camp, insisting that the army committed the illegal act by destroying the site.

Kublalsingh also admitted that his primary concern was not his safety when he learned that the army and police were at the site to demolish the camp.

“I was concerned they did not know what they were doing. Soldiers sought to get me out of the camp which was being broken down at the time,” he said.

Kublalsingh, who embarked on two hunger strikes in protest of the construction of the Debe to Mon Desir portion of the highway - his first hunger strike was in 2012 and that lasted 21 days, all in protest of the construction of the Debe to Mon Desir section of the highway. His second in 2014 lasted 288 days - said the soldiers tried to physically move him from the camp site.

“I resisted,” he admitted, also testifying that he held on to the legs of one of the arresting officers while they held on to him by his arms which were handcuffed.

“I was trying to avoid being handcuffed,” Kublalsingh admitted.

“I struggled to stay in the camp,” he said, although denying that he was obstructing their efforts to remove him from the camp site.

“There was pushing and pulling,” he said. He denied being aggressive but admitted he used obscene language and spoke loudly while his arrest and the demolishing of the camp were taking place.

During his cross examination, Kublalsingh were shown photographic stills of events that took place at the HRM’s camp site. Also expected to testify on the alleged granting of permission for to erect its strike camp in Debe will be other members of the HRM.

The matter has been adjourned today when the testimony of witnesses will resume.

As part of their claim, Kublalsingh and the HRM claims they have a legitimate expectation that the Government would abide by the findings of a study done by the Joint Consultative Council for the Construction Industry (JCC) led by former Independent Senator Dr James Armstrong.

Work on the Point Fortin Highway have come to a halt and its main contractor Brazilian firm Construtora OAS was fired from the $7 billion project last year. Government is currently seeking a new contractor for the project.

Representing the Attorney General are Russell Martineau, SC, Deborah Peake, SC, along with Kelvin Ramkissoon and Shastri Roberts.

Senior Counsel Fyard Hosein, Ramesh Lawrence Maharaj SC, Anil Maraj and Rishi Dass are representing Kublalsingh and the Re- Route Movement