Hunters will have to wait until next February to know if they can pursue their legal challenge against Government's two-year ban on hunting on State lands.Lawyers representing the group and Minister of the Environment and Water Resources Ganga Singh met for a hearing of the law suit before Justice Joan Charles in the Port-of-Spain High Court yesterday.
The group, Confederation of Hunters Associations for Conservation of T&T, claims to consist of almost 12,000 hunters and is seeking leave to pursue its judicial review application over Singh's decision to impose the ban and to increase fines for its breach.It is claiming the decision was irrational and unlawful as hunters had a legitimate expectation that they would be allowed to hunt during a specified hunting season each year.
The group, which is being led by Buddie Gordon Miller, is also claiming it was not properly consulted before Cabinet made its decision on the issue.During yesterday's hearing Russell Martineau, SC, who is heading the State's team of lawyers, submitted that the court did not have the jurisdiction to hear the case as it dealt with Government's wildlife conservation policy."The court ought not to intervene as it its a public policy decision. Government is entitled to decide on policy in various areas of governance," Martineau said.
He said the group could not have a legitimate expectation that Parliament would not change laws related to hunting."They can't expect the law to remain there forever," Martineau said.He also submitted that the hunters did not have a statutory right to consultation but noted that Singh met with them once, before announcing the ban on October 1.
The group's lawyers did not respond to Martineau's submissions yesterday, instead suggesting the written submissions be filed by both parties before Justice Charles gives her decision on February 10.In announcing the moratorium, at a post-Cabinet new conference Singh said it was necessary to protect certain species of wildlife, including agouti, lappe, deer and quenk (wild hog), from extinction. The hunting season is traditionally opened from October 1 and lasts to the end of February the following year.
As part of the initiative, the penalty for hunting in a game sanctuary was raised from a $1,000 fine or three months' imprisonment to a $100,000 fine or 12 months'imprisonment.The fine for hunting a protected animal without a special game licence from the Chief Game Warden has been raised from $1,000 or three months' imprisonment to $50,000 for "each animal".
Shortly after the announcement, the hunters held several public meetings throughout the country and staged a protest outside the Forestry Division requesting that they receive hunting licences.The group is being represented by Lemuel Murphy and Nirad Ramrekersingh.