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Earlier we showed you our interview with Senior Counsels Eamon Courtenay and Godfrey Smith outside the High Court. They were there for a major case that was scheduled to start today. Smith represents the Feinstein group which is asking the court for an injunction to block the compulsory acquisition of his 23 acres on Stake Bank island. The injunction he is asking for is until a suit challenging the constitutionality of the government's intention to acquire the land is heard.
The acquisition is not yet completed because government has not gazetted the "second declaration" that they will acquire these acres.
That was scheduled to have been done on October 9th, but Government gave an undertaking to postpone it until the injunction hearing could be held.
Today the matter went to court where the government agreed to freeze the acquisition until the entire matter is argued. Eamon Courtenay - who is the attorney for OPSA explained outside the courtroom:
Eamon Courtenay, Attorney - OPSA
"The judge raised with us whether we can resolve the matter, the substantive hearing by the end of the year. We were able to agree the dates. The matter will be tried on the 19th and 20th of December, and therefore, there was no need to hear the injunction since trial will be expedited."
Jules Vasquez:
"So, but the the compulsory acquisition has not been completed."
Eamon Courtenay, Attorney - OPSA
"Oh no, it's far from that as I understand it."
Jules Vasquez:
"Right. Because there has not been the second publication in the Gazette."
Eamon Courtenay, Attorney - OPSA
"There has been none."
Jules Vasquez:
"Okay. So then what happens? Because we know there are moves afoot to try and, you know, transact this island and get moving with the project. That's government's priority."
Eamon Courtenay, Attorney - OPSA
"Oh, well, as I understand it, the situation is that the attorney general has given an undertaking that they will not proceed with the compulsory acquisition until this matter has been determined."
