Residents get leave to take toll road issue to Privy Council
THE Court of Appeal yesterday granted final leave to a group of Portmore residents to take their grouse against the Portmore toll road to the United Kingdom Privy Council.
“We are ready now. If we can get an early date from the Privy Council that would be good. We are seeking a date some time before October,” lead attorney Oswald James told the Observer following the decision.
“To my understanding the general elections could be called by October and we would like to get the decision from the Privy Council while this party [the People’s National Party] is still in power. Once the Privy Council declares that there is a breach of the constitutional rights of the residents [to pay the toll], it would be up to the government to fix the breach,” James stated.
James also said, however, that the issue at hand was not driven by partisan motives but in defence of the rights of the people.
“The appeal will be going through to the Privy Council no matter which party makes up the next government after the election,” James added.
Conditional leave to appeal to the Privy Council was granted on November 27 last year. The conditions to be met before final eave could be granted were that a payment of $1,000 for security cost of the appeal be made and that the appellants file a record of appeal.
The residents, mainly councillors of the Opposition Jamaica Labour Party, had taken the Government to court after the administration went ahead and converted the old causeway road, linking the capital city of Kingston to the municipality of Portmore, into a six-lane tolled expressway.
They contended that the causeway was the shortest route to their homes, and took the Government to court to prevent Portmore residents from paying a toll to use that leg of Highway 2000.
Currently residents pay $60 for motor cars, $100 for SUVs and $200 for buses and trucks to use the toll road.