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Privy Council rules against Portmore residents in toll case
Paul Henry, Observer staff reporter henryp@jamaicaobserver.com
Wednesday, December 05, 2007
The group of Portmore residents who took the Government to court claiming that being required to pay for use of the Kingston to Portmore leg of Highway 2002 was a breach of their constitutional rights, suffered another blow Monday when the United Kingdom Privy Council ruled against them.
The law lords noted in their written judgement that the appellants had not proven that they had an interest in or right over the property that the Government had acquired to construct the toll road and as such no breach had been committed.
The law lords said also that they could not see how the imposition of a toll would prevent the residents from having free and unrestricted access to their homes or properties.
The residents - Dr Andrew Wheatley (Jamaica Labour Party mayor of Spanish Town); then Councillor Natalie Campbell-Rodrigues (JLP, Westchester Division); Councillor Keith Blake (JLP, Independence City Division); Valrene Bennett; and Anton Young - had taken the Government to court after the previous administration in July 2006 went ahead and gave permission for the conversion of the old causeway linking the capital city of Kingston to the municipality of Portmore into a six-lane toll expressway as one of the legs of Highway 2000.
Following their unsuccessful bid in both the Supreme Court and the Court of Appeal the matter was taken to the Privy Council in October. The residents were hoping that the court would rule in their favour in order to pressure the Government to renegotiate with the operators of the highway, the French contractors Bouygues Travaux Publics, with the view to a reduction in the toll charged.
Currently motorists pay $60 for motorcars, $100 for SUVs and $200 for buses and trucks to use the toll road.
Reacting to the Privy Council's ruling, a disappointed Mayor Wheatley told the Observer Monday that the battle was not over and he would be meeting with his co-appellants before the end of the week to determine a way forward.
"As citizens of Portmore we still feel that our rights have been violated," Wheatley said. "I will now have to meet with the others and discuss among ourselves the best way forward. By Thursday-Friday we should have a clear direction of where we want to go."
Prime Minister Bruce Golding had promised, before his party formed the Government, that should the citizens lose the court battle the Jamaica Labour Party would pursue other options in reducing their burden.
One option he said the JLP was committed to pursuing was to have the contract renegotiated. Among the issues he said the party would seek to renegotiate were:
. to have the toll rates reviewed once, instead of twice, per year;
. to amend the clause restricting expansion of the Mandela Highway alternative route, so as to expand it by two additional lanes; and
. to reopen the railway with a line into Portmore, which is not possible under the current contract.
Paul Henry, Observer staff reporter henryp@jamaicaobserver.com
Wednesday, December 05, 2007
The group of Portmore residents who took the Government to court claiming that being required to pay for use of the Kingston to Portmore leg of Highway 2002 was a breach of their constitutional rights, suffered another blow Monday when the United Kingdom Privy Council ruled against them.
The law lords noted in their written judgement that the appellants had not proven that they had an interest in or right over the property that the Government had acquired to construct the toll road and as such no breach had been committed.
The law lords said also that they could not see how the imposition of a toll would prevent the residents from having free and unrestricted access to their homes or properties.
The residents - Dr Andrew Wheatley (Jamaica Labour Party mayor of Spanish Town); then Councillor Natalie Campbell-Rodrigues (JLP, Westchester Division); Councillor Keith Blake (JLP, Independence City Division); Valrene Bennett; and Anton Young - had taken the Government to court after the previous administration in July 2006 went ahead and gave permission for the conversion of the old causeway linking the capital city of Kingston to the municipality of Portmore into a six-lane toll expressway as one of the legs of Highway 2000.
Following their unsuccessful bid in both the Supreme Court and the Court of Appeal the matter was taken to the Privy Council in October. The residents were hoping that the court would rule in their favour in order to pressure the Government to renegotiate with the operators of the highway, the French contractors Bouygues Travaux Publics, with the view to a reduction in the toll charged.
Currently motorists pay $60 for motorcars, $100 for SUVs and $200 for buses and trucks to use the toll road.
Reacting to the Privy Council's ruling, a disappointed Mayor Wheatley told the Observer Monday that the battle was not over and he would be meeting with his co-appellants before the end of the week to determine a way forward.
"As citizens of Portmore we still feel that our rights have been violated," Wheatley said. "I will now have to meet with the others and discuss among ourselves the best way forward. By Thursday-Friday we should have a clear direction of where we want to go."
Prime Minister Bruce Golding had promised, before his party formed the Government, that should the citizens lose the court battle the Jamaica Labour Party would pursue other options in reducing their burden.
One option he said the JLP was committed to pursuing was to have the contract renegotiated. Among the issues he said the party would seek to renegotiate were:
. to have the toll rates reviewed once, instead of twice, per year;
. to amend the clause restricting expansion of the Mandela Highway alternative route, so as to expand it by two additional lanes; and
. to reopen the railway with a line into Portmore, which is not possible under the current contract.
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