Time winds down as parties await Privy Council’s ruling

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Wednesday, December 27, marked seven weeks since the November 8 hearing at the London-based Privy Council, that saw two Barbudans – in Jacklyn Frank and John Mussington – in their latest clash with the government over the construction of an international airport, the environmental damage it has caused and threatens to continue.

Now, the time is winding down for a ruling from the Privy Council’s Judicial Committee on whether the Barbudans have sufficient standing to challenge the Gaston Browne administration in court.

The ruling from the Privy Council’s Judicial Committee will determine whether the government will be forced to answer to the claims made against it by the two Barbudans, or clear the way for operations at the brand-new airport to continue unabated.

The case was brought to the country’s highest appellate court after the Eastern Caribbean Supreme Court sided with the government and ordered the lifting of an interim injunction that had previously been granted by the High Court, stopping construction work.

A number of subsequent appeals by the Barbudans were refused, and their legal team filed directly to the Privy Council after also being refused conditional leave to appeal the matter there.

At the hearing, the lawyer representing the Barbudans argued that several protocols were breached in the airport approval process – including the absence of an Environmental Impact Assessment (EIA) – and that the pair have a genuine interest in the matter as local residents.

The attorneys representing the government then argued against the appellants’ claim of having sufficient standing, despite admitting breaches of protocol.

The ruling, which is being keenly anticipated here in Antigua and Barbuda, will serve as a landmark for similar legal conflicts, and will likely be heavily referenced in such environmental matters in the future.

After the hearing, it was reported that the Judicial Committee is expected to deliver it in eight to 12 weeks, meaning the clock is ticking now even faster.

Shermain Bique-Charles reporting for Observer Radio Newstalk 9-1-1.

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