Joseph Cunningham, Gleaner Writer

Residents of Portmore, St. Catherine, led by Oswald James, attorney-at-law, will be taking their toll road battle with the Government to the nation's highest court, the United Kingdom-based Privy Council.

The decision has come after the Court of Appeal dismissed the appeals of five Portmore residents including the Mayor of Spanish Town, Dr. Andrew Wheatley, and two Jamaica Labour Party councillors, Keith Hinds and Keith Blake.

"At the outset, we (Portmore residents) vowed not to back down and we remain relentless in the defence of our constitutional rights," said Blake, a business owner.

At a press briefing hosted by Portmore residents yesterday at the Liguanea Club, New Kingston, Mr. James, who is representing the residents argued that, "Since the construction of the toll system, Portmore residents have been seeking a declaration that the implementation of the toll violated their constitutional right of enjoyment of property and protection against compulsory acquisition without compensation."

He added that approaching the Privy Council would be the third and final leg of the legal battle between the residents of Portmore and the Government. The case is expected to be heard by March next year.

Mr. James said that he expects to get a favourable verdict from the Privy Council, noting that although the Court of Appeal dismissed the appeal, he was encouraged by the presiding judge (Justice Panton) who said the residents have a genuine concern. According to Mr. James, Justice Panton said that genuine challenges to perceived constitutional breaches should not be discouraged.

If the Privy Council finds the toll contract ineffective, the Jamaican Government would be ordered to provide redress for the residents of Portmore.