Judgement reserved in Portmore toll case
THE Judicial Review Court yesterday reserved judgement in the case brought against the government by the Portmore Citizens Advisory Council (PCAC), which wants the order designating the causeway a toll road quashed.
Following the completion of submissions yesterday by director of state proceedings Michael Hylton in the two-day hearing, Justice Gloria Williams reserved judgement until next Tuesday, July 26.
The PCAC contended in their affidavit that it is unlawful for the minister of transport to designate the Portmore causeway a toll road without providing a ‘proper alternative route’, pointing out that under the law the Mandela Highway was not a proper alternative route.
Hylton, who asked the court to throw out the PCAC’s case, submitted that it would involve constructing a road through swamp lands and maintaining two bridges should the alternative route be changed now.
He said the two-lane causeway bridge must be demolished as it provides increase sedimentation in the area which could result in greater flooding on Mandela Highway and surrounding areas.
In addition, he argued that constructing a road parallel to the existing causeway road would be environmentally disastrous and would not be technically viable. The new road, he told the court, will be six feet higher than the present road.
Hylton told the court that up to March government had spent US$62 million on infrastructure on this part of the road, and that US$2.8 million had been spent on the Dyke road which is an alternative route to get onto the Mandela Highway. He said such expenditure must not be allowed to go to waste and a change of the road would do just that.
“.I submit that there is no basis for declaring that the minister has acted wrongly or for the court to grant an order to quash his decision.Therefore, I submit that this claim should be dismissed,” Hylton told the court.
But leading defence counsel Lord Anthony Gifford did not accept Hylton’s argument that Mandela Highway was the only alternative route.
He argued that traffic coming from Port Henderson Road could use the causeway bridge without paying, by using a separate lane passing the toll plaza, and submitted that that would be a lawful alternative.
He asked the court to quash the order of the ministry and prevent it from proceeding with the establishment of a toll road.