A change in government has not derailed the plans of the Portmore toll road case in St. Catherine as it is set for hearing before the United Kingdom Privy Council, on Monday.

Speaking yesterday at a press conference to update the public on the status of the case at the Liguanea Club, in New Kingston, Oswald James, a member of the legal team, said the suit was filed against the Government of Jamaica and not against a particular Member of Parliament or political party.

"The record of appeal was sent off to London before the general elections were held," Mr. James said, adding that the legal team has been inundated with calls for an update from residents, especially since the September 3 general election that saw a victory for the Jamaica Labour Party (JLP).

Not political ploy

The appellants in the Portmore toll road case include JLP councillors, such as Dr. Andrew Wheatley.

"This case is not a political ploy. We believe we (the residents of Portmore) have a constitutional right," Dr. Wheatley said.

The lawyers of the case have argued that the imposition of the toll was a breach of the residents' constitutional rights.

Mr. James said that the legal team will be hammering the issue that the Government has failed to prove that the implementation of the toll was a proportional response to the needs of infrastructure, when the case is heard before the Privy Council, incidentally on National Heroes Day.