Magistrate, attorneys make site visit

Chief Magistrate Sherman Mc Nicolls has reserved ruling in a bitter court battle between a Port-of-Spain church and a racing pool following a site visit to both premises yesterday, which he said would assist in the final decision. Mc Nicolls is hearing an application brought forward by the St John’s London Baptist Church on Pembroke Street, Port-of-Spain, which is objecting to a racing pool being constructed next to its premises. The church cited several reasons of disturbance as its objection to the operation of the gambling outlet. Shortly before 9 am yesterday, Mc Nicolls, who was flanked by bodyguards, was taken on a tour of both the racing pool and the church. Racing pool owner Kearne Govia took the Chief Magistrate on a guided tour of the business place, which is currently under construction.

Also present for the tour were the head of the St John’s Church, Anslem Warrick and his attorneys. After touring the prospective gambling outlet, Mc Nicolls toured the church as well. When the proceedings resumed in court, the racing pool owner’s attorney, Deborah Peake, submitted to Mc Nicolls, having seen her client’s business place, that the church could not use the claim of noise to form part of its objection for the construction of the racing pool. “The church has no superior right to complain about noise, when the church itself is causing noise to emanate from its premises. It is really a non-issue,” said Peake.

“All concerns about noise are highly speculative and this authority cannot base a decision on speculation,” argued the attorney. Attorney Seenath Jairam SC had earlier ended his submission by telling Mc Nicolls that there would be no hardship in not granting Govia a licence to run the gambling outlet, since he was sure the businessman had other alternatives. “All is not lost if the betting licence is denied. The building, as I saw it, could still be used as a credit union or something. That ought to offset his cost,” argued Govia’s attorney Mc Nicolls will rule on the matter on August 14.