Injunction granted to miner against Kako toshao discharged

Justice Sandra Kurtzious yesterday discharged an injunction granted in September 2012 to miner Belina Charlie against the toshao of Kako who had stopped the miner from accessing the Kako River.

Charlie has been involved in a standoff with villagers of Kako, Region 8 since 2012 over the right to mine in the area. Villagers had sought to deny her access to the area for fear of pollution of the river.

“The court discharges the injunction dated 18th September 2012, and orders that the matter take its normal course,” Justice Kurtzious said.

The injunction was applied for by Charlie against Kako Toshao, Mario Hastings, Beatrice Hastings, the Guyana Geology and Mines Commission and the Attorney General. Attorney at law C Persaud appeared for the plaintiff, while Nigel Hughes represented the defendants.

Justice Kurtzious said that the court ruled that having considered the allegations made by the plaintiff concerning the prevention by the first and second defendants, the plaintiff ought to have filed a prerogative writ for the breach of constitutional rights, her liberty and freedom of movement along the Kako River.

Justice Kurtzious in her ruling further said that “…that the act of the first and second defendant and the alleged threats and the prevention of the plaintiff from proceeding along the Kako River, notwithstanding the permission given to the plaintiff by the prior authority constitutes a criminal offence and therefore the civil court is not the correct forum to seek the necessary relief.”

In May 2013, in a plea for the safeguarding of their only water source, Kako villagers had called for the immediate suspension of mining on the Kako River as well as a banning of future operations upstream from the village during a tense meeting with a government team

In the October 16, 2012 edition of this newspaper, Hastings had said that that the village is strongly opposed to any mining upstream of the community. “We believe that the river would be polluted and if we allow this individual, then others will follow,” he said. “We know from experience that Upper [Mazaruni] is a mining area and we would have a lot of impact to our culture, way of life, health,” the village leader said.

He said that because of mining activities, the incidence of malaria, dengue and typhoid has increased in the area. He said that they are also experiencing cases of fish dying mysteriously in the river and despite an investigation, the results have not been reported to the village and they are not satisfied.

Further, he pointed out that the Kako River is not as deep as the Mazaruni given that it has many rapids and he said that the high-powered boats of the miners, and the tailings from the dredges would disrupt navigation.

He added that the miners also do not have any respect for the fishermen and others.

He had also said that they had no confidence in the Ministry of Amerindian Affairs. ”In the letter that the miner showed the council, the minister said that they must cooperate with the miner.

That alone would tell that she is in favour of them rather than trying to help us,” he said.

He said he had also met the minister who said that the miner has a legal right to work and if the Toshao went against this, he could find himself in trouble in an apparent reference        to legal proceedings,” Hastings said.


Sublime Root, Cook tons put England in command v Windies

Joe Root hit his 13th centuryfeatured   BIRMINGHAM, England, (Reuters) – England’s Joe Root and Alastair Cook crafted superb centuries to lead the hosts to a commanding 348 for three on the opening day of their first day-night test against West Indies today.

Van ploughs through crowd in Barcelona, killing 13

A police officer helps evacuate people after a van crashed into pedestrians near the Las Ramblas avenue in central Barcelona, Spain August 17, 2017.

Sophia pillion rider dies in bike incident, husband questioned

A post-mortem examination is expected to be performed on the body of housewife Janice Edwards, 38, of 121 ‘C’ Field, Sophia, ECD, to determine the cause of her death.

China Railway gets major T&T road project

A sketch of the proposed Curepe Interchange (Trinidad Guardian) China Railway Construction Corporation (CRCC) has been awarded a $221.7 million contract by the National infrastructure Development Company (Nidco) to build the controversial Curepe Interchange, the state company’s chairman Herbert George has confirmed.

Evidence in alleged plot to kill President was unreliable – Police legal advisor

Legal Advisor to the Police, retired Justice of Appeal, Claudette Singh yesterday testified that there was insufficient evidence in the allegation made by Andriff Gillard of an alleged plot to assassinate President David Granger.

By ,

Your browser is out-of-date!

Update your browser to view this website correctly.

We built using new technology. This makes our website faster, more feature rich and easier to use for 95% of our readers.
Unfortunately, your browser does not support some of these technologies. Click the button below and choose a modern browser to receive our intended user experience.

Update my browser now