Searchlight Logo
special_image

    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
    • News
      • Front Page
      • News
      • Breaking News
      • Press Release
      • Features
      • Special Features
      • From the Courts
      • Sports
      • Regional / World
    • Opinions
      • Editorial
      • Our Readers’ Opinions
      • Bassy – Love Vine
      • Dr. Fraser- Point of View
      • R. Rose – Eye of the Needle
      • On Target
      • Dr Jozelle Miller
      • The World Around Us
      • Random Thoughts
    • Advice
      • Kitchen Corner
      • What’s on Fleek this week
      • Health Wise
      • Physician’s Weekly
      • Business Buzz
      • Hey Rosie!
      • Prime the pump
    • ePaper
    • Obituaries
      • In Memoriam / Acknowledgement
      • Tribute
    • Contact Us
      • Advertise With Us
      • Letters To The Editor
      • General Contact Information
      • Contact our Webmaster
    • About Us
      • Privacy Policy
      • Interactive Media Ltd
      • St. Vincent & the Grenadines
    • Subscribe
News
June 8, 2007

Judge says no to injunction against the $1 user fee

Both sides are claiming victory after an application for an injunction against the $1 user fee charged at the Grenadines terminal was denied last Wednesday, June 6.{{more}}

While Prime Minister Dr Ralph Gonsalves considers Justice Gertel Thom’s ruling a major victory for his government, counsel for the complainants Bertram Commissiong QC, who appeared along with Kay Bacchus Browne, says that the ruling hinged on regulations that did not exist prior to Monday morning when it was presented at the hearing.

He wondered what the ruling would have been outside of this new regulation.

This application along with others which are to be argued starting June 14 were filed by Opposition members of parliament Dr Godwin Friday and Terrence Ollivierre on behalf of themselves and their constituents and Senator Daniel Cummings and Margaret Williams of McKie’s Hill.

The defendants in the matter are the Prime Minister in his capacity as Minister of Sea and Airports; he is represented by Hans Matadial, and the Attorney General who is represented by senior crown counsel Camillo Gonsalves.

Anthony Astaphan and Graham Bollers appear for the Port Authority and port police officer Leroy Douglas, while Arthur Williams and Richard Williams appear for the Commissioner of Police and police officer Alphaeus Stapleton respectively.

The application for the injunction was filed on Friday, May 31 and was heard on Monday, June 4. The complainants charged that the fees being collected at the terminal were unlawful because there was no regulation in place under the Statutory Rules and Orders authorizing them.

However on Monday morning, the court was presented with a gazetted amendment to the Port Authority regulations which addressed all the issues as to the implementation of the fees and were made retroactive to April 16, the day the fee system commenced.

Dr Gonsalves said that Justice Thom said during her oral ruling “The very regulation that the applicants contend was not in existence is now in existence. There is now no legal basis under which the interim injunction which the claimants claim can be made.”

Speaking at a press conference following the judge’s ruling, Dr Gonsalves said that while some would make an issue about the regulation being signed on a Sunday, his government was a seven day of a week government and does not stop operating on Friday.

Commissiong however told SEARCHLIGHT that after the new legislation was brought to the court on Monday, he believes that the judge had no choice but to rule the way she did.

He however noted that she made it clear that she gave no finding with regard to the retroactivity of the regulation, neither did she rule on whether the $1 charge was a fee or tax and the question of implied authority: whether the Port Authority could have imposed the fee without new regulations being enacted.

Commissiong said that his team remains confident going forward.

Dr Gonsalves also expressed confidence in the constitutionality and legality in everything that has been done in this matter on his government’s part.

He also noted that the two pieces of legislation which were relevant to last Monday’s hearing were the Port Authority Act and the Interpretation and General Provisions Act.

“I want to make it abundantly clear that the two laws under which the charge was imposed…none of these laws were passed by the ULP administration,” Dr Gonsalves said.

He said that when the Port Authority made its decision to impose the $1 charge that it was satisfied that in this case there was no requirement to make a regulation.

The Prime Minister said that the decision to make a regulation was done out of “an abundance of caution.” He admitted that in retrospect that the Port Authority should have put the regulations in place before, even though they didn’t deem it necessary based on their reading and advice on the law.

He said that he believes that they didn’t think that it would have become an issue.

He referred to section 72 b of the Port Authority act which gives the Port Authority the authority:

“To make regulations with the approval of the minister with respect to the control of all persons and vehicles on any such premises, the maintenance of order thereon, the administration or exclusion

of persons there from and the charges if any to be made for such admission.”

  • FacebookComments
  • ALSO IN THE NEWS
    Fuel under siege: the human cost of Washington’s energy pressure on Cuba
    Our Readers' Opinions
    Fuel under siege: the human cost of Washington’s energy pressure on Cuba
    Jada 
    May 6, 2026
    By Carlos Ernesto Rodríguez Etcheverry Cuban Ambassador to St. Vincent and the Grenadines On January 29, 2026, the U.S. government under President Don...
    Bishop saved from burning house
    Front Page
    Bishop saved from burning house
    Webmaster 
    May 5, 2026
    THE CHURCH COMMUNITY, the people of Chester Cottage, and the Bethel Gospel Assembly are among the numerous people who are sending up prayers for Bisho...
    White British travel vlogger blasted over iShowSpeed comments
    Front Page
    White British travel vlogger blasted over iShowSpeed comments
    Webmaster 
    May 5, 2026
    “WHAT DOYOUTHINK the narrative around this Ishowspeed Caribbean tour would be if he was white?” This question was posed by British content creator ‘tr...
    Teachers urged to take job seriously – Dr Friday
    Front Page
    Teachers urged to take job seriously – Dr Friday
    Webmaster 
    May 5, 2026
    TEACHERS in St Vincent and the Grenadines (SVG) have been asked to acknowledge that they have a responsibility when it comes to shaping young people, ...
    IMF official recommends modernised energy legislation for SVG
    Front Page
    IMF official recommends modernised energy legislation for SVG
    Webmaster 
    May 5, 2026
    THE INTERNATIONAL Monetary Fund (IMF) has concluded that a transition to renewable energy could significantly lower energy costs for households and fi...
    Opposition Leader defends API’s acting Director
    Front Page
    Opposition Leader defends API’s acting Director
    Webmaster 
    May 5, 2026
    FORMER PRIME MINISTER, now Leader of the Opposition Dr. Ralph Gonsalves, is of the opinion that the current administration has inflated the “genuine e...
    News
    VINLEC launches Environmental Health and Safety Awareness Month
    News
    VINLEC launches Environmental Health and Safety Awareness Month
    Webmaster 
    May 5, 2026
    ST.VINCENT ELECTRICITY Services Limited (VINLEC), launched their annual Environmental Health and Safety (EHS) Awareness Month on April 27, 2026 at the...
    Pastor advises VINLEC employees to lift their thinking
    News
    Pastor advises VINLEC employees to lift their thinking
    Webmaster 
    May 5, 2026
    THE LEAD PASTOR of the Kingstown Baptist Church(KBC), Cecil Richards, has advised workers at the St. Vincent Electricity Services Limited (VINLEC) not...
    Taiwan expresses concern after China calls the island biggest risk in US-China relations
    News
    Taiwan expresses concern after China calls the island biggest risk in US-China relations
    Webmaster 
    May 5, 2026
    IN A CALL with U.S. Secretary of State Marco Rubio on Thursday April 30, 2026 Chinese Foreign Minister WangYi urged the United States to “make the rig...
    Employers urged to take safety and mental health seriously
    News
    Employers urged to take safety and mental health seriously
    Webmaster 
    May 5, 2026
    THE RESOUNDING MESSAGE emanating from the observance of World Day for Safety at Work was the need for employers to take the matter of safety and healt...
    Arrest made in connection with murder of Vincentian in St Kitts
    News
    Arrest made in connection with murder of Vincentian in St Kitts
    Webmaster 
    May 5, 2026
    A MAN was formally charged on April 29,2026 in connection with the death of Vincentian Shamarie Baptiste, who was shot and killed at the Royal Kingdom...

    E-EDITION
    ePaper
    google_play
    app_store
    Subscribe Now
    • Interactive Media Ltd. • P.O. Box 152 • Kingstown • St. Vincent and the Grenadines • Phone: 784-456-1558 © Copyright Interactive Media Ltd.. All rights reserved.
    We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.Ok