The case brought before the Privy Council by two residents of Barbuda – John
Mussington and Ms. Frank – will not determine whether or not the government
acted properly in proceeding with the development of the new airport in Barbuda.
That is according to the lead attorney for the government, Dr. David Dorsett, who
has provided some clarity about the nature of the case, which he described as ‘a
case like no other,’ with which he has been involved.
For one thing, he noted that the case has attracted much international media and
interest, to the extent that these cases are normally held in Courtroom #3 at the
Privy Council, but due to the media interests, it was moved to Courtroom #1, the
largest at the Privy Council.
Despite all the attention, Dr. Dorsett explains that the Privy Council will not render
a judgment on whether or not the government or its agencies acted properly by
giving permission for the construction of the airport, now virtually completed.
Instead, he further explained, the ruling has been narrowed to whether or not the
litigants, Mussington or Frank have standing to bring the matter to the court.
He noted that the case has been thrown out before the High Court and the Eastern
Caribbean Appeals Court.
“The Privy Council is making a decision, an important decision, on whether or not
the two Barbuda residents have standing or the legal capacity to bring a claim
challenging what has been done by the Development Control Authority (DCA) and
principally, the Airport Authority in granting permission and being the major
movers behind the new airport in Barbuda,” he revealed.
He noted that issues such as the granting of permission, whether or not there was
any environmental study, or whether or not the airport, already built, should be
ripped up. “The Privy Council is not making any decision on whether or not any of
the buildings associated with the airport should be torn down,” he emphasized.
Dr. Dorsett further explained that if the Privy Council rules that the two litigants
have ‘standing’ then the case begins ‘at square one.’
The attorney said interest in the case may have come from a feeling among some
members of the press that the people on a small island were fighting to protect their
environment, however, he said this is not what the Privy Council will render its
judgment.
