By Tahna Weston
As two Barbudans prepare to resume their fight over the construction of a runway for the international airport on the sister island, resubmission of claims and other documents has taken place.
Barbudan activists John Mussington and Jacklyn Frank had challenged the Gaston Browne administration over the construction of the runway, taking their fight to the London-based Privy Council.
The Eastern Caribbean Supreme Court of Appeal (ECSC) had ruled that the duo lacked standing to bring such a claim, as they sought justice and protection of their land rights.
However, the Privy Council disagreed with the ruling of the ECSC that the two Barbudans had no local standing in the matter and therefore allowed their appeal.
This significant ruling, as it is being dubbed, has caused the Barbudans to re-file their case, therefore allowing for the Judicial Review matter to proceed.
Mussington said that a date for Judicial Review has not been decided, but the respective parties are going through case management.
“But since the Privy Council has ruled in our favour it means that that challenge will now proceed; so the Judicial Review will proceed in terms of getting to where it needed to get finally.
“At the present moment it’s about resubmission of claims and papers because what the Privy Council did was to reveal certain other evidences, so basically our case is going to be updated and re-filed and that has happened … so that is the process going on right now,” Mussington, speaking on “Connecting with Dave Lester Payne” show last week.
Meanwhile, the fears of the government’s lawyers with regard to the ruling opening a floodgate of other litigation apparently s seem to be bearing fruit, which Mussington admits.
Mussington said that the Privy Council win has now emboldened other Barbudans with grievances to come forward and file legal challenges against the Antigua Barbuda Labour Party (ABLP) government.
“So, the consequences as a result of that ruling at the Privy Council is going to be far and wide because one of the things that the lawyers on the government side were saying and very fearful in front of the Privy Council judge is that if they [Mussington and Frank] were to get this thing in their favour then the gates are going to become wide open.
“And that is exactly what’s going to happen because you cannot be threatening people’s environment livelihood … and expect that persons will not have the right under the circumstances that we are living in today’s world, where the right to a healthy environment is now a human right, you can’t expect people to just sit and take it and be put at a disadvantage,” Mussington said.
He also made mention of the Cedar Tree Point project, the Dulcina lands and the Murbee Development, which will be responsible for the construction of Rosewood Barbuda and which he said is being looked at as another land grab.
He said that Barbudans are of the opinion that many of these developments seem to be people thinking that they can get lands cheap, subdivide them and sell luxury real estate to make millions of dollars off of each real estate unit that is sold.
The activist, who is also a Councilman and marine biologist, said all these developments will be challenged as Barbudans are up in arms about them.
“The other consequence to that is that with the declaration of standing for ordinary persons, you have a number of cases being filed by other Barbudans with regards to matters. So, for example, that particular scheme where the company and individual was supposedly granted a lease by the administration, signed by the Governor General for the purpose of building residences for the Royal Family at Cedar Tree Point right at the doorstep of our Bird Sanctuary, in a protected area and Ramsar sight, which is zoned not for that particular activity.
“So, when it’s checked back, no Royal Family know anything about that; and so there is a case filed by a tour guide in terms of that particular situation there,” Mussington said.
The Privy Council on February 27 2024, handed down its ruling having heard the case on Wednesday, November 8, 2023.
At that time, the law lords were asked to consider whether the lower court erred in holding that a previous decision of the Supreme Court in Walton vs Scottish Ministers was not relevant to the Mussington/Frank case.
