UPDATED: Court rules against pausing Parking Meter operations; Arjune to be given free parking
By Mark Murray
The High Court on Monday ruled that the Mayor and City Council (M&CC) along with Smart City Solutions (SCS), can move ahead with the parking meter project while the matters are before the court.
Last week, Justice Brassington Reynolds had ruled that based on ‘Common Laws’, the Court inevitably inherits jurisdiction in the matter concerning the controversial parking meter project in the City. Town Clerk, Royston King through Attorney-at-law, Roger Yearwood on Monday (February 27, 2017) had filed the jurisdiction application questioning whether the case filed by Attorney Kamal Ramkarran on behalf of Mohendra Arjune for the controversial Parking Meter Project to be quashed, could be heard in the High Court under the new Civil Procedures rules.
During a ruling on Monday, (March 6, 2017) Justice Reynolds said all the “old law remain as good law for these present purposes.”
He further added that any procedure applications made before February 06, 2017 allows for the old rules to stand in such matters, even with introduction of the High Court new Civil Procedures rules.
Ramkarran last week asked the court to issue an order against the M&CC and SCS continuing their parts of their parking meters operation which includes clamping and imposing of fines. He noted that his client, along with many persons working in Georgetown, was deeply affected by the imposition of parking meters because he has to pay for eight hours of parking per day outside of his office from Monday to Friday.
The Judge told Attorney Kamal Ramkarran that he is ruling that the rules or orders Nisi previously granted in this matter do not operate as a stay of the operations and, due to this, he is dismissing the application for the specific remedy being sought by Ramkarran.
The order does not “extend to the operations of the Mayor and City Council pursuant to their contract or obligations with Smart City Solutions,” added the Judge.
Smart City Solutions Attorney at Law, Stephen Fraser also assured Justice Reynolds that his principles are prepared and willing to allow Mr. Arjune free parking within the city pending the present court matter.
Within two days, Fraser plans to file the necessary paper work to be added as a part of interest on the case being heard in the High Court, along with his added Affidavit of Answers to Ramkarran’s application.
Roger Yearwood is the Attorney-at-Law representing the interest of Town Clerk, Royston King, since the Mayor is not the administrator of the Georgetown municipality.
According to Arjune’s Attorney while respecting the judge ruling he will use his “best endeavors to have the matter proceed as quickly” for a determination concerning his application and if it is ruled against his client claims an appeal will be filed.
On the 20th March, at 3pm the Attorneys and the Judge will decide on a fixed date for arguments to begin providing that all necessary applications are filed before that date.
Meanwhile, Smart City Solutions application to intervene into the New Building Society’s motion filed on February 08, 2017 against the Communities Minister and the Town Clerk was objected to by Attorney at Law, Pauline Chase.
She said base on objection the matter was deferred to March 20 at 9am giving her enough time to file an Affidavit of Answer after a close chamber meeting with Justice Reynolds.
New Room was also made to understand that the Minster of Communicates has also sought more time to put his Affidavit in Answer to the motion concerning the city’s by-laws and his role played making that possible.