Court sets October hearing for challenge to gov’t takeover of Berbice Bridge
The challenge filed by the Berbice Bridge Company Incorporated (BBCI) to government’s temporary takeover of the bridge and its efforts to prevent a planned hike in tolls is set for hearing on October 8th before acting Chief Justice Roxane George-Wiltshire.
At an in-chamber case management conference yesterday morning, the judge ordered both sides to have legal submissions filed, served and laid over with the court no later than September 13th.
The BBCI, the claimant, is challenging government’s takeover of the operations of the bridge as well as Public Infrastructure Minister David Patterson’s use of his authority preventing it from instituting increases.
Patterson and the Attorney General are listed as respondents in the action.
Among the orders being sought by the bridge company in its application is for the court to quash the proclamation issued for government’s control of the bridge and Patterson’s directive against increasing tolls.
The BBCI is contending that Patterson is not required by law to approve toll increases and has no lawful authority to prevent it from moving ahead.
In October of last year, the bridge company announced huge toll increases, which it was hoping to implement with effect from November 12th, 2018.
According to the bridge company, the toll increases it announced were an essential requirement to ensure that it can continue to execute its mandate.
Against this background the BBCI said that it had applied to the government for an adjustment on three occasions—namely, March and August 2015 and January 2016, but received no responses.
Further to that, the company says that it has accumulated losses of $2.8 billion and faces bankruptcy.
The announcement had been met with opposition from Patterson, who noted that government was in no way going to allow the “unconscionable increases.”
Later, while calling the planned increases a threat to public order and safety, Patterson issued an order for the functions of the BBCI, to maintain and operate the bridge, to be exercised by government and to prevent toll increases.
While government is being represented by the Attorney General, the bridge company is being represented by Senior Counsel Ralph Ramkarran.