THE United Kingdom-based Privy Council will hear the Portmore toll case on October 15 this year, according to Oswald James, the attorney representing the five Portmore residents who had taken the government to court last year over the imposition of a toll for persons living in the sprawling St Catherine community.

At the same time, Arthur Williams, the Jamaica Labour Party (JLP) candidate for South East St Catherine, has called on the government to say whether another application has been made for an increase in the toll for the Portmore leg of Highway 2000 and what was the increase being sought.

According to the agreement signed by the government, the operator of the highway is entitled to apply for a toll increase every six months. However, Trans-Jamaican Highway Limited opted not to apply for a toll hike during the first six months of the Portmore leg of the highway, which was opened July 15 last year.

Meanwhile, James said he was very confident going forward with the case, based on the grounds of the appeal being put forward.

“The date of October 15 has been set for the Privy Council and both our clients and the Government of Jamaica have done all that needs to be done for the case to be heard in London at the Privy Council,” James told reporters at a press conference on Tuesday at Ken’s Wildflower Lounge in Portmore. “We are hoping to win the case, but I must say win, lose, or draw the people of Portmore have made a very significant and historical stand. The people of Portmore are saying that as citizens of Jamaica we have a right to be heard…we have a right to give directions to our government as to how our government should manage the affairs of our country.”

James said he was already encouraged by the local Court of Appeal ruling, which he said indicated that Portmore residents had a legitimate concern. He said, too, that if the Privy Council ruled against the residents the onus would be on the government to take “heed to the protest of the people and to do the right thing”.

Said the lawyer: “We decided to take the constitutional approach because in our opinion it gave greater depth to the case that we were to bring. It is a very new type of case, no one has ever argued these grounds before and it has far-reaching implications, not only in Jamaica, but throughout the Commonwealth for those countries who still take matters to the Privy Council.”

Meantime, Andrew Wheatley, mayor of Spanish Town and councillor for the Naggo Head Division in Portmore, said the residents were committed to ensuring that justice is served.

“We are adamant and committed to the cause that we will take it to the final court which is the Privy Council,” he said.

“And we are sure that irrespective of which government is in power, then restitution will be given to the Portmore residents. This is not a political thing because if tomorrow the Jamaica Labour Party is government, they will have to deal with us as residents of Portmore, and I make no apology for that,” said Wheatley.