By Robert Andre Emmanuel
Having challenged the constitutionality of the Port Authority (Amendment) Act, a High Court Judge has set the first hearing on Yulia Gurieva-Motlokhov’s claim for 20 September 2024.
Gurieva-Motlokhov, who was recently sanctioned by the United Kingdom, lost her bid for an injunction to stop the sale of luxury superyacht Alfa Nero.
In the latest ruling, High Court Judge Rene Williams refused to grant interim relief to Gurieva-Motlokhov, represented by Dr David Dorsett, citing two reasons.
The judge said that, firstly, any such order would impact other individuals’ ability to be heard in these proceedings and, secondly, the Port Authority (Amendment) Act is presumed to be constitutional, and that the Russian had yet to prove the contrary.
“Thus, the court should not make an order requiring the Port Manager to act contrary to an Act of Parliament in these circumstances,” the judge wrote.
Additionally, Judge Williams noted the timing of Gurieva-Motlokhov challenging the government’s decision, stating that “a party is not entitled to sit back and take no action and then purport to invoke the court’s jurisdiction on an urgent basis” and “any prejudice suffered by [Gurieva-Motlokhov] is thus through her own inaction”.
Gurieva-Motlokhov had challenged the constitutionality of the Port Authority (Amendment) Act 2023, which the government used as its basis to seize the Alfa Nero last year.
The now sanctioned Russian argued that her property rights in the vessel and its accompanying artworks were nullified by this act.
Judge Williams said that while he was satisfied there was a serious issue to be tried with respect to the constitutionality of the Port Authority (Amendment) Act 2023, in relation to sections 3 and 9(1) of the Constitution, those issues could only be decided at trial.
Meanwhile, the judge has also set the case involving Flying Dutchman Overseas Ltd — a British Virgin Islands company — for September 20 when a decision will be taken on whether to hear both cases together.
The government has long held that the Alfa Nero, which was docked at Falmouth Harbour since February 2022, posed an environmental risk.