Barbara Gayle, Staff Reporter
THE SUPREME Court gave the go-ahead yesterday for the Portmore Citizens Advisory Council and the Portmore Joint Citizens Association to apply to the Judicial Review Court for orders to quash an order from the Minister of Transport, regarding the Port-more section of Highway 2000.
They are also seeking a declaration that the designation of the Mandela Highway as an alternative route is unlawful. The groups will be asking the court for an order prohibiting the Minister of Transport and Works from making a toll in respect to the Portmore section.
Mr. Justice Lloyd Hibbert granted leave after hearing an application made by Lord Anthony Gifford, Q.C., who is representing the claimants.
However, before the application was granted, Michael Hylton, Q.C., Solicitor General, and Patrick Foster, Deputy Solicitor General, told the judge that although the Government was not consenting to the application, it was not objecting. They said that the Government felt there was no merit in the case but wanted all the substantive issues in the case ventilated at a full hearing. It is expected that the hearing will take place in July.
SECOND SUIT FILED
This is the second suit filed against the government this year challenging the Portmore leg of Highway 2000.
In March, attorney-at-law Oswald James filed the first suit on behalf of five Portmore residents, including Jamaica Labour Party (JLP) Councillors Natalie Campbell-Rodriques, Andrew Wheatley and Keith Blake, seeking several declarations. Mr. James told The Gleaner yesterday that he was now in the process of filing affidavits so that a date can be set for a hearing.
The claimants in both suits are contending that the designation of the Mandela Highway as an alternative route is unlawful and are seeking orders to prohibit the demolition of the causeway.
They are also contending that under the Toll Road Act, there must be an alternative route in the area in which the toll road is to be established. They are claiming that the alternative route is in a different area, and is more than twice as long in distance.
