Dr. Wayne Kublalsingh has won his case against the State.
The Court ruled that the state had breached the legitimate expectation of the claimants which include Dr. Kublalsingh and six others from the Highway Reroute Movement (HRM).
According to a statement from Dr. Kublalsingh, former Prime Minister Mrs. Kamla Persad-Bissessar breached a promise in 2012, to do a review of the Debe to Mon Desir highway.
The state also failed to take into account the Armstrong Report in 2013 after it had paid over 700,000 for it.
The Report materialized from a hunger strike made by Dr. Kublalsingh.
As a result, Justice James Aboud ruled for Wayne Kublalsingh and the HRM, and awarded costs to be paid to their attorneys and damages of $$565,000.
The costs are divided as follows:
- The defendant shall pay damages to the claimants in the sum of $500,000 for breaches of these constitutional rights
- The defendant shall pay damages to the first claimant, Dr Wayne Kublalsingh, for wrongful arrest, assault, battery and false imprisonment in the sum of $50,000
- The defendant shall pay damages to the third claimant, Elizabeth Rambharose, for assault and battery in the sum of $15,000
- The defendant shall pay the costs of the Fixed Date Claim to be assessed by a Registrar in default of agreement on a date to be fixed by the Court Office and certified fit for two Senior Counsel and two Junior Counsel.
The Court also found that the State had on a number of occasions breached the constitutional rights of the HRM members. In particular, the rights of those in Camp Reroute, which soldiers, police, and Jack Warner allegedly destroyed in 2012.
The state has indicated its intention to appeal Justice Aboud’s decision.
The HRM and residents of Debe to Mon Desir have two other matters before the High Court- an appeal against a High Court decision of Justice Ricky Rahim and an injunction application which will be heard by Justice Joan Charles on 5th November 2020.
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