THE Constitutional Court yesterday started hearing a lawsuit challenging the continued exclusive use of a section of Mandela Highway by Jamaica Urban Transit Company (JUTC) buses during morning peak-hour traffic.

The claimant, through attorney Hugh Wildman, is also seeking damages from the policy implemented in November 2013 and a permanent injunction preventing the further use of the lane exclusively for JUTC buses.

In his submission before a panel of three judges — justices Carol Beswick, Christine McDonald and Frank Williams — Wildman argued that the current arrangement is a breach of his clients’ constitutional rights, and that it has also resulted in financial losses.

The case has been brought by Rural Transit Association Limited against the JUTC, the commissioner of police and the attorney general.

Among the reliefs sought by the claimant is that the JUTC and the commissioner of police are not empowered by law to designate the section of the highway in question for exclusive use of JUTC buses, and that it is a breach of the Charter of Fundamental Rights and Freedoms.

Wildman submitted that the respondents haven’t shown justification for the alleged breach of the claimant’s rights as provided for by law.

The senior attorney styled the policy as “unequal”, “unjust” and “oppressive”.

Wildman will today address the court fully on the damages being sought, which he said should be no less than $2 million.

The JUTC is being represented by Walter Scott, QC, and Matthieu Beckford. Director of Litigation Carlene Larmond appears for the attorney general and the commissioner of police.

— Paul Henry