Tobago Correspondent
Thursday’s court ruling on jet ski operations at Pigeon Point and Buccoo Reef Marine Park has been described as balanced and fair, with both parties claiming success.
Justice Sherlanne Pierre upheld an injunction previously granted to the Tobago House of Assembly (THA), but announced an intention to grant jet ski operators access to the spaces.
This access, however, is conditional with nine restrictions outlined by the judge including no entry to the Nylon Pool, no soliciting of clients on the beach, no stunts while riding jet skis, no minors permitted on the watercrafts, speed limits in the park and maintaining a safe distance from the shoreline, the bathing area and the floating water park.
Attorney Christlyn Moore, who represented the THA, said her clients are satisfied that their concerns were heard by the judge.
“The judge then performed the difficult balancing act needed to ensure public safety at Pigeon Point and environs,” she said.
In an interview with Guardian Media yesterday, Secretary of Legal Affairs Adanna Joseph-Wallace said it was important to remember the existing injunction remains in effect until the court order with the specified stipulations is made.
However, she said the question of enforcement of regulations remains.
“What the court has done is what the THA cannot do, which is make regulations....That is not a Schedule Five matter; that is national security. That is something for the Central Government; therein is the problem.
“You hear us all the time speaking about autonomy, and this is why. We would like the authority to be able to enforce law in this space called Tobago, and that is the crux of it.”
In a previous interview with Guardian Media, Snr Supt Rodhill Kirk said the Tobago Division currently does not have a riverine unit to police the waters.
The secretary said conversations are being held with the Central Government, but said without the legislative backing, they would be toothless.
Asked whether the THA and jet ski operators have agreed on a safe distance from the shoreline, she said that conversation had not taken place.
She said the THA’s relationship with stakeholders remains cordial and open.
Meanwhile, Michael Frank, owner of Frankie Tours, said the judge’s ruling was a win for jet ski stakeholders and for the public.
“This has been a good response from the judge. It was a balanced response.
“I always said jet skis should be zoned and put in a particular area. We don’t want jet skis around people. Jet skis can pass around Pigeon Point but can’t do dangerous manoeuvres around people,” he said.
However, he urged operators to follow the regulations even if there is no law enforcement to ensure compliance.
“This is our industry. This is our business. We don’t want to have problems. Problems is bad for business.”
He said nobody wants a repeat of the fatal jet ski accident that claimed the life of seven-year-old Angelica Jogie.
“I really hope they understand the severity of this and learn from this mistake. They have to police themselves. Things have to change.”
UK visitor Anna, who was at Pigeon Point yesterday with her mother, said she rode jet skis in her previous visit to Tobago last year.
She recalled her experience riding the jet ski, saying the operator was really professional.
She said the restrictions in place would enhance safety and ensure a separation from bathers.
Trinidadian Marlon Ali, who was liming with his family, said the ban on stunts was warranted.
“A lot of the people riding jet skis are not trained. We just doing this for fun,” he said.
“Once they stay at a safe distance and stick to the stipulations, I think it should be fine.”
Snr Supt Kirk told Guardian Media that police will continue collaborating with all agencies to ensure lawful behaviour in the park.
Homeland Security Minister Roger Alexander did not respond to questions or calls from Guardian Media about the availability of assets to police the park.
