Government to Appeal Judge’s Ruling on Pitons Controversy?

SPECULATION is rife as to whether the Government of Saint Lucia will appeal the July 25 decision by a High Court Judge quashing its efforts to restrain extension of a private family home in ways that can threaten the protected nature of the Pitons Management Area as a heritage site worthy of UNESCO protection.

The current spat involves a ruling by Eastern Caribbean High Court Judge Shawn Innocent blocking the rejection of the application by Geoffrey Robillard, a senior vice-president at the Montreal-based retail giant Dollarama Inc, to continue extending his original home with a separate construction.

UNESCO has long called for Saint Lucia to codify related guidelines it cited in the case into law and in his 85-page ruling the judge noted that “Saint Lucia may very well lose its standing as a World Heritage Site under the [UN] Convention” if the government doesn’t take the necessary steps to upgrade related guidelines to legal regulations. (See full story on Page 3)

As the report says, “The ruling doesn’t mean that construction on the new house will automatically proceed, but rather, Justice Innocent ordered the building authority to reconsider Mr. Robillard’s application.”

The government finds itself in a bind, either having to accept the judge’s ruling and calling it quits, or appealing on whatever legal bases the Attorney General’s department may wish to argue.

Robillard is represented by Foster & Foster, a high-powered local legal company, whose primary lawyer, Peter Foster, has acknowledged that the ruling could open the door to applicants seeking new approvals to build near the Pitons.

“We are happy with the decision, but this is the troublesome aspect,” he told the Globe & Mail.

Even before the July decision was released, the situation at the Pitons had caught the attention of UNESCO, which will be meeting on the Pitons in October to consider to what extent the new development may affect the area’s designation as a protected site.

The Attorney General’s Department has been absolutely silent on the issue and there’s no indication how government t intends to respond to Justice Innocent’s ruling.

However, The VOICE has learned, from usually reliable sources, that the government may appeal the ruling.

According to the source, “The government understands the judge’s ruling, but the issue at hand is very complicated and goes way beyond the matter of a private developer building an extension to his house on his private property.

“Instead, this is about opening the doors to closing-down our quest for designation of the Pitons by UNESCO as a protected world heritage site; and the government needs an opportunity to impress the Appeals Court of the wisdom of its decision, which is in the wider interest of Saint Lucia and not only Mr Robillard’s right to do what he wants with his property.”

The source said, “We are looking seriously at appealing the case, and while no decision has been made yet, to my knowledge, I expect the government will make an announcement on the matter sooner than later…”