THE Jamaican court yesterday dismissed an attempt by residents of Portmore to prevent a bridge linking their community to Kingston being declared a toll road, a decision that will likely reignite confidence in the Government’s ambitious Highway 2000 project.

But while the Administration may have scaled an important first hurdle on the matter, it stall faces potential challenges to its plan to build a new bridge over the Kingston Harbour and to charge motorists to travel on it.

Not only could this case be appealed, but a second challenge to the bridge, brought by a different group of citizens, is still before the courts and set for hearing on August 8.

In yesterday’s ruling, Justice Gloria Smith held that the transport and works minister, Robert Pickersgill, had named, in the Mandela Highway, a reasonable, non-paying alternative to the causeway and had not acted outside the law.

“It is the court’s view that the minister chose the more reasonable view in doing so,” Justice Smith said in a verbal delivery of her ruling.

A written judgement is to be issued later.

But in the immediate aftermath of yesterday’s victory, the Government moved swiftly to assuage Portmore residents, saying that it intended to take on most of their concerns that have led to opposition to the proposed tolled causeway.

These include ensuring a reasonable toll for the use of the bridge and the development of the infrastructure to allow easy access in and out of the community for persons who wished to use the non-paying route, according to Pickersgill.

He, however, remained confident in the Government’s legal position.

“Of course we respect the right of the plaintiffs to pursue the matter on appeal, but we are confident that our case will stand,” Pickersgill told reporters at a press conference after the ruling.

Highway 2000 is planned to be a more than 240-kilometre tolled motorway between Kingston, on the south coast, and Montego Bay, on the island’s northwestern shore. There is also supposed to be a spur between Bushy Park in St Catherine on the island’s south shore, and Ocho Rios on the north coast.

So far, the first 22 kilometres of road have been completed, from the Mandela Highway, near Portmore, and Sandy Bay in Clarendon.

This is to be followed by another 40-kilometre stretch between Sandy Bay and Williamsfield in the central parish of Manchester. In the meantime, a new six-lane bridge is being built as part of the highway to connect Kingston with Portmore, a community of about 150,000 residents.

However, some residents in the community have not only complained about a proposed J$60 (97 US cents) toll, but had insisted that they had a prescriptive right to the existing two-lane bridge which was in use when they acquired their homes in the community.

In April, two citizens’ groups, the Portmore Citizens Advisory Council and the Portmore Joint Citizens Association, took the their case to the Supreme Court, asking for a ruling that Pickersgill’s declarations were unlawful.

A similar claim was also filed by five Portmore residents, including three Opposition Jamaica Labour Party members of the Portmore Municipal Council.

It was the case by the citizens’ groups on which Justice Smith ruled yesterday, saying that Pickersgill had provided a suitable alternative route “in the area”.

Lord Anthony Gifford QC, the lead counsel for the plaintiffs, had argued in the hearings that in providing an alternative route “in the area”, that route should be next to the existing roadway.

But the judge held that “in the area” was an imprecise term that had been reasonably interpreted, and in accordance with the law, by the minister.

Barrington Soares, the Anglican priest who is chairman of the advisory council that spearheaded opposition to a new tolled bridge, declined comment after yesterday’s decision.

It is expected that citizens’ groups will meet this week to review the judge’s ruling and to decide whether to appeal.

Anthony Hylton QC, the solicitor-general who argued the Government’s case, said that the Government would not seek costs against the plaintiffs.

“I believe that people genuinely felt that there was a basis for the action,” he said.