AG: Barbudan duo’s victor at the Privy Council may be a ‘pyrrhic victory’

Attorney General, Sir Steadroy Benjamin, has confirmed that he has had a chance
to read the judgement handed down by the London-based Privy Council in the
Barbuda case regarding the construction of the soon-to-be-opened airport.
“The ruling from the Privy Council turned on one issue; that is whether or not the
two litigants – John Mussington and Jackie Frank – had loci standi; that is the right
to bring the natters before the court. The Privy Council found that they had a
special interest in the environment and that under those special circumstances the
narrow interpretation by the Eastern Caribbean Appeal Court was relied upon
when it ought not to,” Sir Steadroy explained.
Under the ruling from the Privy Council, the Barbudan duo can now proceed to the
court with their application. “They will have to decide what to do as I now have
two questions; one is whether or not this lawsuit is for academic interest now that
the airport has been completed and awaiting final permits to start operations and
second, whether the litigants are financially sound enough to pursue the matter
further,” he queried.
He explained that if an injunction is filed before the court and a trial follows,
whether or no the litigants have the financial means to compensate the other party
should the ruling go against them in the court.
“My worry is that this may turn out to be ‘pyrrhic victory’ for the litigants as they
may find themselves liable in the tune of millions of dollars in damages should a
court rule against them should they pursue the matter. Clearly, that is a matter for
consideration so under these circumstances I see no reason to celebrate,” Sir
Steadroy declared.
Lead attorney for the Development Control Authority in the case, Dr. David
Dorsett said the Privy Council disagreed with the Appeal Court’s narrow
interpretation of who has standing in a case such as the one under review. He noted
that the London-based court has overtime been ruling in favour of a broader
interpretation of the law.