42 days ago, the Chief Justice ordered that the wall at the Tourism Village must come down in 14 days. And, as we’ve reported, for so many reasons, it has not. And today attorneys for both sides were back in court, arguing over the notes and bolts of dismantling it. But this time they were before Justice John Muria who is acting as a single sitting judge of the Court of Appeal, with Rodwell Williams for Fort Street asking for the judgment to be stayed, or put on hold. Fred Lumour appeared for Brown Sugar and Harbour View.
And while they were there to talk about the stay, attorneys for both sides spent the entire morning on highly technical preliminary objections. When they were finished, Williams told us that the Chief Justice did not simply order that the wall must come down, he premised it on ISPS compliance.
ISPS refers to the international security code that governs the Tourism Village as a recognized international port. And according to Williams, that’s what it’s all about.
Rodwell Williams, Attorney for Fort Point
“The Chief Justice’s order was that appropriate alternative arrangements be put in place and as far as we are aware, those arrangements are not in place which would ensure that the Port is ISPS compliant. So you’re telling me that some work has been done…but assuming some work has been done, the work that has been done has not been adequate to make the port ISPS compliant.”
Jules Vasquez,
But if the judge fails to grant you a stay and the walls have to come down, is there a genuine risk of losing ISPS accreditation?
Rodwell Williams,
“In my view yes.”
Jules Vasquez,
But isn’t that a sort of chicken little view, in terms of I can enter the Tourism Village right now from the Wet Lizard?
Rodwell Williams,
“I wouldn’t know, I’ve never been there.”
But attorney for Brown Sugar and Harbor View – who claim hey are being denied a right to earn a living by those walls, say that this is not really about the ISPS – it’s really about making money.
Fred Lumour, Attorney for Brown Sugar & Harbor View
“It is all about the commercial interest of the tourism village and the business going on there.”
Janelle Chanona, News 5
“So you feel that’s why this drive for a stay is taking place?”
Fred Lumour,
“It is all about the monopoly interest of the Fort Street Tourism Village and nothing else.”
Jules Vasquez,
You believe it is shrouded within the mantle of ISPS compliance?
Fred Lumour,
“Absolutely. If you read the judgement of the Chief Justice, again he says that a lot has been made about the ISPS code and that is not the only way to make the village compliant by installing illegal structures on the boardwalk to ensure that the ISPS code is being used for scare mongering and nothing else. I will submit this afternoon to the court that Major Jones is not competent to regulate my client’s anymore.”
Jules Vasquez,
Has he demonstrated incompetence or is his incompetence based on something else?
Fred Lumour,
“We have an affidavit, one thing I forget to mention to you is that the Fort Street Tourism Village sometime last year filed a case in the Supreme Court against the government in which they were also seeking an injunction to restrain the government from taking down the walls. Mr. Jones swore an affidavit in that case where he says that he believes that a retractable gate on Brown Sugar’s side and a retractable gate on Harbor View’s side all had satisfied the ISPS code. All those matters the court will see this afternoon.”
Jules Vasquez,
So is he being instrumentalized as a pawn to protect these commercial interests you speak about?
Fred Lumour,
“We have stated that he is not competent to perform his duties as Ports Commissioner and regulate my clients. He is a chameleon, he changes his skin anytime.”
Ports Commissioner Lloyd Jones is presently out of the country and did not appear at today’s hearing. Those interviews were conducted at noon and they continued with the substantive matters this afternoon. Those arguments concluded at 5:00 pm – and Justice Muria announced that he will deliver his decision tomorrow.
