Justice Reynolds denies ‘stay’ to put on hold M&CC’s paid parking project

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-Complainant, Mohendra Arjune alone exempt from paid parking 

The application to have a ‘stay’ placed on the Parking Meter initiative while it is still in the courts was this afternoon denied by Justice Brassington Reynolds at the High Court.

Justice Reynolds, on Thursday last, ruled against the application made by Attorney-at-law Roger Yearwood on behalf of Town Clerk, Royston King, which essentially called into question the High Court’s jurisdiction to adjudicate on the parking meter body in Georgetown.

As such, the court proceeded with the challenge brought by Mohindra Arjune against the legality of the parking meter project. Moreover, a new application was brought forth by Arjune’s attorney, Komal Ramkarran to have the paid parking initiative placed on hold while the project is under judicial review.

Ramkarran had explained that the Order Nisi granted by the then acting Chief Justice, Yonnette Cummings-Edwards which stated that the project be halted unless the Mayor or Town Clerk presents a reason for otherwise should have acted as a stay. 

As such, he called for there to be a ‘stay’ on the paid parking initiative, where a pause will be placed on the parking meter contract so that motorists will not be charged or fined.

However, Attorney Yearwood countered that the Order Nisi does not facilitate “interim or interlocutory relief,” while noting that the case was crown-side proceedings and not civil proceedings.

Justice Reynolds in last Thursday’s hearing, placed before the court the option for the two parties to have a discussion so as to provide relief to the citizens pending the outcome of the ruling by High Court or whether they would prefer to cancel the initiative.

In response, the Smart City Solution’s Attorney, Stephen Fraser posited that relief for the period would be allowed for Mohendra Arjune, since he is the lone complainant.

Justice Reynolds in handing down his ruling today,  explained to the court that  while the proceedings could act as a ‘stay’, it did not extend to the executive order of the Parking meter contract.

According to Justice Reynolds the Order Nisi which was granted did not extend or operate as a ‘stay’ of the operations of the Mayor and City Council (M&CC) 

The main case against the parking meter will continue on March 20, 2017. However, until the case is resolved, complainant, Mohendra Arjune will be exempt from paid parking in Georgetown.

1 COMMENT

  1. Ok, the entire business community in Guyana should do the same. Those that are owners of business property and also the tenants. What goes for one will eventually goes for all.
    I expected better of the Senior Counsel, or have we returned to the dictatorship days……….

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