The Chief Game Warden has been ordered to reconsider an application from a wildlife conservation company from Chaguaramas for the importation of two female red kangaroos.
In a 17-page judgment delivered at the Hall of Justice in Port-of-Spain yesterday, High Court Judge Eleanor Donaldson-Honeywell ruled that Chief Game Warden Courtney Park’s decision to refuse Animals for Education Ltd’s application was unreasonable, procedurally unfair and improper.
The company, which operates the Safari Eco Park in Chaguaramas, was contending that Park considered irrelevant issues when he refused to grant the import permit in February, last year.
Donaldson-Honeywell disagreed but upheld the case based on the fact that Park failed to seek a response to the issues from the company before making his decision.
As part of her judgement, Donaldson-Honeywell quashed the decision and ordered Park to reconsider the company’s application. She also ordered the State to pay the company’s legal costs for bringing the lawsuit.
According to the evidence presented in the case, the company made the application to import the kangaroos from Ontario, Canada, in May 2017. The company was attempting to increase the size of the mob of kangaroos it currently has on display at its facility.
After several months of delay, Park made the decision and claimed it was based on the fact that the Ministry of Planning and Development was reviewing its operations and the Chaguaramas Development Authority (CDA) was disputing the company’s lease agreement with it.
While the lawsuit was ongoing, the company learned that Park did not disclose that he also considered advice from Agriculture, Land and Fisheries Minister Clarence Rambharat over concerns about the company’s operations.
Rambharat had requested that its applications for import permits be refused and ones previously granted revoked until the completion of an investigation by the Ministry of Health and the Zoological Society.
In her judgment, Donaldson-Honeywell noted that Park did not merely follow the instructions but used the information to make his own decision.
“He explained that it was his own view that the information received was relevant to the security of tenure of the claimant’s possession of the site to keep the kangaroos and hence the welfare of the animals,” she said.
The company was represented by Rajiv Persad, John Heath, Elena Da Silva, Laurissa Mollenthiel and Lionel Luckhoo. Karlene Seenath, Ronelle Hinds and Amrita Ramsook appeared for the State.