The lawsuit brought by the Highway Re-route Movement (HRM) challenging the construction of the Debe to Mon Desir section of the Solomon Hochoy Highway extension project took an unexpected turn yesterday, when state attorneys asked High Court judge James Aboud to recuse himself from the case.
State attorneys were scheduled to respond to the group's application for an injunction stopping the highway during yesterday's hearing. However, when the case was called, they indicated that they wished to apply for the judge's recusal.Aboud then invited both sets of attorneys to his chambers to discuss the issue.When they returned more than an hour later, Aboud set dates for both parties to file submissions on the issue and instructed them to return to court next Friday, when oral submissions will be presented.
The exact grounds for the recusal application were not disclosed in court.The T&T Guardian understands that it relates to Aboud's brother Gary, secretary of environmental group Fisherman and Friends of the Sea.The application was the second such challenge raised by the State since the group's substantive constitutional motion was filed in August last year.
In November last year, when the case was first assigned to Aboud, the State's legal team filed a similar application which was eventually dismissed.When asked his organisation's view of the application after the matter was adjourned, HRM leader Dr Wayne Kublalsingh said they did not have a problem with Aboud continuing to preside over their case.