The expected ruling by Chief Justice Roxane George-Wiltshire on the challenge by the Berbice Bridge Company Incorporated (BBCI) to the government’s takeover of the operations of the bridge has been deferred until December 18th.
The case was set for ruling yesterday but it was further postponed as the judge sought clarity on issues in the matter.
The challenge, which lists Minister of Public Infrastructure David Patterson and Attorney General Basil Williams as the defendants, contends that Patterson is not required by law to approve toll increases and has no lawful authority to prevent the company from moving ahead with its planned increases.
When the matter was called yesterday, the judge told attorneys for both sides that the decision would be delayed as she requested documents in relation to the case.
Senior Counsel Ralph Ramkarran, the attorney for the BBCI, told reporters outside of the courtroom that the Chief Justice “wanted some issues clarified”. He further revealed that correspondence and documents that were not readily available were requested.
The BBCI moved to the High Court in late 2018 in a bid to quash the proclamation issued for the takeover of the bridge by the government. The company indicated that both Patterson and the minister under the previous government were written to in relation to the company’s plans for toll increases but the company was never given responses.
In October 2018, the company had announced massive toll increases, which it intended to implement with effect from November 12th, 2018. That announcement, however, was met with opposition from the Public Infrastructure Minister, who stated that the government was not going to allow the increases.
Patterson subsequently issued an order for the functions of the BBCI, including operation and maintenance of the bridge, to be exercised by the government in an attempt to prevent toll increases.
The BBCI, in its application, had noted that the toll increases were a requirement to ensure that it can continue to carry out its mandate set out in the concession agreement. The company further noted that it has accumulated losses and is facing bankruptcy.
