DYC FISHING Ltd., one of the leading exporters of conch and lobster, yesterday lost its appeal against a court ruling which gave the Minister of Agriculture the go ahead to issue and renew fishing licences.
"We think that at this time we will be ill-advised to make an order in the nature sought," the Court of Appeal ruled.
DYC was seeking an order which would bar the Minister from issuing or renewing licences. The Minister was barred for almost two years from issuing licences or renewing licences because of the legal battle between DYC and the Minister.
SPEEDY HEARING
The court, in dismissing DYC's appeal, ordered that there should be a speedy hearing in the appeal brought by DYC against a Supreme Court ruling earlier this month.
Attorney-at-law, Christopher Dunkley, who is representing DYC, has disclosed that the appeal is expected to be heard in September.
DYC had appealed against a ruling by Court of Appeal Judge Henderson Downer, on July 9, that there was no proper basis to grant a stay barring the Minister from issuing the licences. The judge's ruling gave the Minister the greenlight to issue licences.
DYC was seeking a stay to bar the Minister until its appeal against a Supreme Court ruling had been heard. Mr. Justice Roy Anderson had heard an application in the Supreme Court and refused to grant DYC leave to apply to the Judicial Review Court for an order to compel the Minister to comply with certain procedures before issuing licences.
DYC was contending that the regulations and provisions under the Aquaculture Act were not being enforced evenly and in accordance with the law.