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Judge to give decision January 15

Published: 
Thursday, December 19, 2013
Call to step down in HRM case...

High Court judge James Aboud says he will give a written decision whether or not he will recuse himself from hearing the case brought against the State by the Highway Re-Route Movement (HRM), led by Dr Wayne Kublalsingh. After the third and final day of submissions yesterday, Aboud adjourned the matter to January 15­, the date he said he will deliver his decision. 

 

 

The State, led by Russell Martineau, SC, is requesting that Aboud step down from the matter because it is one similar to that of his brother’s Gary Aboud, who, as head of Fishermen and Friends of the Sea (FFOS), has taken legal actions against the State for seismic testing. In his final submissions yesterday, Martineau said Gary Aboud is an activist who has a specific cause which is very similar to that of which Justice Aboud must now decide on. 

 

He added that Gary Aboud has been publicly calling for an outcome of the HRM case, the very case that his own brother is adjudicating, which, depending on its outcome, could bolster Aboud’s case. Addressing Justice Aboud yesterday, Senior Counsel Fyard Hosein said neither Aboud nor his brother are parties to the case at hand. 

 

He added that Justice Aboud never took part in any activity relating to FFOS and as a professional who took an oath of office, the judge could separate his decisions from that of any biases he may or may not have. Hosein said Justice Aboud or any other judge is not responsible for any decisions of their relatives, adding that even if the judge has a general leaning towards the environment through his brother, that is not cause for him to step down.

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