ON August 10, the Supreme Court is going to hear whether social activist David Comissiong, as merely a citizen of Barbados, has the standing to bring the application for Judicial Review of the multimillion-dollar construction of a 15-storey hotel on the beachfront land at Bay Street, St. Michael.
This is the latest development in the Hyatt case, which was heard by Madam Justice Sonia Richards, in the No. 6 Court, at the Supreme Court Complex, Whitepark Road, St. Michael, yesterday.
Following an almost two-hour-long procedure, Comissiong told reporters outside the Complex that “the first issue apparently that we are going to be dealing with is the contention of the defendant that I do not have standing to bring the claim that I have brought”.
“So, that is the first issue that the Court is going to be dealing with, and we are going to have a hearing on that issue on August 10, at 10 a.m. So, that basically is where the matter is now.
“Once that issue is resolved, then there will be further developments from there. But, the thinking is that since that is the key issue, let the Court deal with that first up, and let us see what the finding is, where that issue is concerned,” he said.
Comissiong, standing beside prominent lawyer Bobby Clarke, declared that he was confident that he has sufficient interest in the matter to have standing to bring the application for Judicial Review.
“But, we will have the hearing on the 10th and we will see what the decision is,” he said.
The attorney reminded that he filed the case on the grounds that “there was no Environmental Impact Assessment ordered, and as a result, an Environmental Impact Assessment was not done, prior to the Minister making the decision that he made”.
“I am convinced that that is what the law required and still requires, that a project of that magnitude in the World Heritage location, the law requires that an Environmental Impact Assessment be done.
“So that basically is the fundamental point of the case. I am also quite satisfied that I have sufficient interest in this matter, as a citizen of Barbados.
“As a user of the beach, as somebody interested in the cultural heritage of my country, I have more than enough legitimate interest in the matter to come to the Court,” a confident Comissiong said.
Prime Minister Freundel Stuart, who is responsible for the Town and Country Planning Department, is being represented by Queen’s Counsel, Hal Gollop.
Meanwhile, Mark Maloney’s company Vision Development Inc. has made an application to be added as a defendant to the matter. Maloney’s company is being represented by Queen’s Counsel, Barry Gale and other lawyers from Hastings Attorney-at-Law. The Barbados Advocate understands that while Maloney’s company applied to be added as a party to the case, that issue has not yet been dealt with by the Court, but in the meantime, Vision Development Inc.'s attorney-at-law has been permitted to have an input in the matter in the capacity as amicus curiae, which means friend of the Court.