“The Board is satisfied that the appellants have demonstrated sufficient interest in the environmental issues and the breaches of the 2003 Act raised by the application for the development permit. In particular Mr Mussington’s scientific background, his knowledge of the flora and fauna in the area, his status as a local resident, and his experience of conducting environmental assessments amply demonstrate a sufficient interest in the subject matter of the application for judicial review.”
Privy Council Upholds Barbudans’ Standing in Airport Development Dispute
In a landmark decision, the Privy Council has overturned a ruling by the Court of Appeal of the Eastern Caribbean Supreme Court in Antigua and Barbuda, granting standing to Barbudans challenging the construction of an airport in Barbuda.
The case, Privy Council Appeal No 0116 of 2021, involved John Mussington, a retired marine biologist, and another Barbudan resident, Jacklyn Frank, who sought to challenge the grant of a development permit for an airstrip on the island.
The appellants argued that the construction of the airstrip, the first phase of an airport project including a terminal building, would have significant environmental impacts.
They raised concerns about habitat destruction, damage to archaeological sites, and potential impacts on water quality.
Construction had commenced in September 2017, without a development permit and with an inadequate environmental impact assessment.
The Court of Appeal had initially dismissed the appellants’ application for judicial review, ruling that they had not established standing to bring their case.
However, the Privy Council disagreed, providing detailed and compelling reasons for their decision:
Environmental Impact and Expertise: The Privy Council noted Mr. Mussington’s qualifications and experience in marine biology and environmental studies.
Despite the project not directly involving marine environments, his expertise was deemed relevant due to his knowledge of the flora and fauna in the area.
Local Residency: Both appellants lived in the village of Codrington, about two kilometers from the airport site.
The Council recognized that the airport’s operation would result in air traffic noise, disruption, and potential environmental damage, directly affecting the appellants and their community.
Due Process and Environmental Assessment: The Council highlighted the failure to follow due process, including starting construction without a development permit and conducting an inadequate environmental impact assessment.
They emphasized the importance of public participation in such decisions, as mandated by the Physical Planning Act 2003 and international agreements.
Obligations and Precedents: The decision was also influenced by Antigua and Barbuda’s obligations under international agreements on environmental matters, such as the EscazĂş Agreement.
The Council’s decision aligned with previous rulings emphasizing the rights of individuals to challenge developments affecting their communities and the environment.
The Privy Council’s judgment sets a significant precedent, affirming the rights of individuals to challenge development projects that could have adverse environmental impacts.
It underscores the importance of public participation and adherence to due process in environmental decision-making, highlighting the need for developers to consider and address environmental concerns raised by local residents.
READ THE FULL JUDGEMENT HERE:jcpc-2021-0116-judgment
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So what next. Airport close down?
I would appreciate that answer also. What does this mean?
Is that all the UPP is about? Shut down, mash up, backwardness? No wonder they are close allies of the Barbudans!!!
CONGRATULATIONS Barbudans !!!! God is not sleeping He hears Your cry and sees The Injustice meted out to Our Sister Island
More Justice on the Way 🙏🙏🙏🙏
The privy council’s ruling certainly depicts just how environmental issues will play a major role in the last day events. In their ruling, the members of the privy council are merely following global. They can only fall in line with the great out cry for a curb in the onslaught of of humans upon nature.
The outlook for future generations is pellucidly bleak. The climate change agenda will soon bring upon this world great amazing restrictions that we could not imagine would ever befall us.
Think about having a carbon footprint: the government determining just how much carbon each individual is allowed to emit on a weekly basis. Carbon emmissions from vehicles, etc.
May seems far fetched, but this is exactly where this world is heading to.
Do Not be fooled. Working behind the scenes in the Vatican and world governemnets’ offices; the stage is being set to unleash on this world…stuff we have NEVER imagine would happen. All in the agenda to save planet Earth. The idea is supposedly doing good for the greater majority of the people.
But woe…this agenda though it may appear to be good; comes from the depths of EVIL and just like during Covid-19 that most persons surrender their individual rights for the “supposedly good of the majority; so shall it be with the climate change agenda.
Kudos to the Barbudans who stand sternly and firmly on this issue. The ruling was not in a vaccuum though, but the privy council definitely is in line with the whole climate change agenda.
Only the wise will understand and take heed.
Our days are numbered and running out rapidly.
WORLD IN “CRYSIS”: END SOON COME !
I know exactly where you are coming from. Soon we will not be able to buy or sell…
The decision by the Privy Council justifies the people’s genuine concerns in Barbuda in regards to the environment. It’s not just about making money but the lives of the people in Barbuda, the environment and their future. Let’s see what this government does from here on. They were warned several times before construction on the airport strip began but they never took heed! It was all about circumventing the relevant government authorities to have their way because of greed to make money. Shame and disgrace!!!
And there again you have it folks, the Barbudan’s showing their collective strength and backbone by standing up to what is right for transparency and environmental issues.
STRONG SET AH PEOPLE DEM.
On the other hand in Antigua recently, I recall the wanton damage of mangroves by building contractors, and WE Antiguans sat back and did nothing, whilst the government stayed silent – as always!
ON ONE ISLAND THERE’S STRENGTH, AND ON THE OTHER THERE IS WEAKNESS … HOW COME???
@Brixtonian.
Brixty, I will repeat and repeat again; I have never been to Barbuda but have been told I have relatives there whom I do not know. These people are made of sterner stuff than us, Antiguans, no ifs, no buts. Antiguans are past masters of spouting long and loud hot air but when there is a call for action they cannot be found, Missing In Action. Glaring examples of this can be found daily in Antigua as you well know. Now the Privy Council’s decision in favour of Barbuda and Barbudans have shown us up once again. Our self enrichment leaders have been pulled up short; this is a day for rejoicing not only in Barbuda but on mainland Antigua too for those who can see beyond the cheque book. Seems like Barbudans are not too fond of ham and turkey so they wouldn’t be bought off by those enticements. What’s going on? The “Deracinated Imbeciles” (the words of you-know-who) have outplayed The Best Prime Minister Antigua ever had, oh dear. Really? Maybe he should first grow a pair of cojones, that would be positive Creative Enrichment. To Barbudans I say, well done, have a sip or two if so inclined and take a bow. Halleluja!!!
@Brixtonian
Antiguans drank, and continues to drink the VC Bird Sr. wine. Barbudans did not.
First ingredient is: The land give-away, justified the ridiculous concept that “They can’t take it with them” No they can’t take it with them. But aren’t getting it back T
Barbudans fully recognize and appreciate, typically here is what happens in this brew:
1. Paul and Bunny Mellon did not give back Mill Reef lands; they sold their home to Tory Birch. Paul & Bunny Mellon’s son is one of the largest doners of Donald Trump.
2. The Kelly’s of Coco Point Lodge did not take Coco Point with them, the sold it to PLH.
3. Mrs. Mandella’s estate, did not return the land on which the K Club sat. Her estate turned it over to Robert Di Nero after turning down Shiela Johnson Co-Founder of BET. See the pattern?
Shiela Johnsons’ Company Salamander manages a 5-star hotel in Anguilla; where a native Anguillan is the General manager; and the typical workers’ wages and benefits are three times that of a typical Antigua and Barbuda hotel worker.
Barbudans refuse consume the cheap wine of destroying their environment or allowing it to be destroyed in exchange for minimum wage maids’ jobs and subservient’ roles.
Barbudans are BRA!
They don’t need to emulate the neocolonialists by showing-off with shinny things of little value. Shinny things do not determine their worth.
Barbudans expend their energy fighting fight to preserve the land. Living off the land and the surrounding waters is the essence of Barbudans.
Their objective is “generational wealth” in and off the land.
Too bad; Antiguans on the other hand, lacks self-esteem. Their values are: How much can they have an appearance to be like the wealthy foreigners?
THATS: HOW COME???
Thanks for filling in the blanks @ Barbuda J’aime, I am learning more and more about the strong-willed, steadfast and resolute Barbudan’s – you are a proud nation of people!
You see through all political disruptive practices of this government, and you seem to have a higher proportion of CRITICAL THINKERS than your close neighbours.
I APPLAUD YOU ALL 👏🏾👏🏾👏🏾
WOW! Thank you for facts not make believe!
The scoundrels are having a carnival for the resignation of Cleon Athill and were planning another big event after the Privy Council judgement but their food and drinks will be fermented by this afternoon because their appetite is squashed.
BARBUDANS ROCK, MI AH TELL UNNA …
The airport has not been opened as yet.
The builders and Gaston Browne led Government has been racing to complete the roads and other associated aspects of the Airport, while NOT paying their vendors.
The outhouse type terminal building for local residents still needs work to be done. There is not announcement as to who will be operating the FBO for the private aircrafts.
The Appellants has gone to Court to stop the construction, but the GOAB frustrated the case at the lower courts. Once the Appellants won the sea-saw; The Government perverted the course of justice with the corrupt Caribbean Court of Appeals to rule they had no standing.
If there is no legal case that shows, we are not mature enough to get rid of the Privy Council this one does.
Everyone will have their spin on what the outcome means depending on which side of the political isles they stand on.
Now that two individuals as Barbudan residents can win the case on standing, I will open the door for them to bring further injunctions as well as sue for financial damages and restoration of the environment.
More to come…..
The Caribbean court of appeal is the CCJ and Antigua is not part of it. You might be referring to the eastern Caribbean Supreme court. To date only the progressive countries of Barbados, Belize, Dominica, Guyana and St. Lucia are members of the CCJ for final appeal. Antigua is still in the loving arms of his majest privy council.
all power to them! great courage. We need to go over there and join them
#POWER_2_da PEOPLE!
#POWER TO THE PEOPLE!
#POWER FOR THE PEOPLE!
ANTIGUANS R U SEE HOW BARBUDANS FIGHT! FIGHT!
FIGHT FU DEM RIGHTS!
DEM NAR BOW! DEM NO BOW!
AND, DEM NAR TEK BACK CHAT
NOW, AH WHO GET FLAP!
AH WHO GET FLAP!
AH WHO GET FLAP!
DEM HAFFU TEK DAT!
OR, BEND DUNG ANS TEK WAP!
WAP! WAP! WADDAP WAP!
Now, can D. Giselle Isaac, Jamal Pringle, Harold Lovell, Charlesworth, Justin Simon, Ralph Bowen and the UPP LEGAL TEAM, get busy and take the RULING ARM of Our Government to the COURTS regarding these recent MOU’s signed with the People’s Republic of China!
CONGRATULATIONS TO THE BARBUDANS!
ANTIGUANS AH WEY R U DEY!
Kum een Monarch!
…no bady goh run me!
..fram wey me kum fram!
…no bady goh run me!
Jumbee_Picknee aka Ras Smood
De’ole Dutty Peg🦶🏿Garrat_Bastard!
Vere C. Edwards
Ras Smood,
A bold young man has now taken over the Governor’s office on the Chesapeake Bay.
The same Bay where many runaway slaves landed in the dead of night in their escape to freedom.
It is place where many slaves disembarked from The Bight of Biafra (Eastern Nigeria) and the Congo and Angola.
I’d rather be fishing out of the Barbuda Lagoon than crabbing anywhere along the Chesapeake Bay in spite of its historical significance.
A most exhilarating experience is boating on the Barbuda Lagoon. So, when you make your way up 95; include in your itinerary a stop at Barbuda Bell, and experience what Barbudans are fighting for.
BTW: “The Garrat” was from Grenada. More to come.
@Winston Southwell…ah wah ah guarne?
I will most definitely, add that stop the Barbuda Bell, on my itinerary.
I’m very much aware, of some of America’s History, along the Chesapeake.
In, my Dream Within A Dream, my whale spit me out, in front of St. Francis Academy, one of the Underground Railroad Stops of Harriet Tubman in #B’More, Baltimore what we now refer to as #Body_More!
By the way, I’m a #Pepperpot of Caribbean Culture’s…Great-Grandmother is Barbudan!
Grandfather – Anguillan/Grenadian
Guadeloupe is in the mix, all the way to Scotland and of course some places in Africa.
But, this is about the resilience of the BARBUDANS! CONGRATULATIONS to them!
Jumbee_Picknee aka Ras Smood
De’ole Dutty Peg🦶🏿Garrat_Bastard
Vere C. Edwards
@Rovi, well said. Big up! The Barbudans are fighting like hell to keep their patronage. They are fighting this rogue government led by the biggest rogue of them all. True patriots, these Barbudans.
Antigua on the other hand, is corrupt, divided and full of traitors, cowards, political prostitutes, and a nasty, dunce element called ALP supporters.
Folks, this government has done NOTHING under this idiot DAWG, so the incoherent, semi-illiterate, serial callers to the Rumshop and Tek Chet’s station, have NOTHING to discuss. Nothing. Hence the rejoicing over Cleon Athill’s resignation.
What a difference between the parties. UPP had a golden opportunity to step on the 1000 Watt bulb in his 85 year old ailments, and they graciously supported, without prejudice. If the shoe was on the other foot, we would have been bombarded with the toxic, nasty retort of the ALP supporters.
What a place we live in!
JUST LOOK AT THIS:
THE COURT OF APPEAL OF THE EASTERN CARIBBEAN SUPREME COURT had previously dismissed the appellants’ application for judicial review, CITING A LACK OF STANDING.
THEN:
THE BOARD IS SATISFIED THAT THE APPELLANTS HAVE DEMONSTRATED SUFFICIENT INTEREST IN THE ENVIRONMENTAL ISSUES AND THE BREACHES OF THE 2003 ACT RAISED BY THE APPLICATION FOR THE DEVELOPMENT PERMIT. In particular MR. MUSSINGTON’S SCIENTIFIC BACKGROUND, HIS KNOWLEDGE OF THE FLORA AND FAUNA IN THE AREA, HIS STATUS AS A LOCAL RESIDENT, AND HIS EXPERIENCE OF CONDUCTING ENVIRONMENTAL ASSESSMENTS AMPLY DEMONSTRATE A SUFFICIENT INTEREST IN THE SUBJECT MATTER of the application for judicial review.
It will take A LOT OF REFORMING of our judicial system in these parts for me to ever vote for the C.C.J.
@Audley Dave Joseph (a.k.a. Beef)
Expanding on your points:
The CCJ is an important issue, but pales in comparison to the real issues that afflicts The Caribbean. We are lost cussing each other out on social media behind memes, and wi-fi names.
No robust democracy survives in the absence of a strong “Civil Society”. Traditionally Civil Society in small countries are led by the Ecumenical
In Antigua and Barbuda, the churches are in bed with the corrupt. Their morals and values are no different from the single parent with 4 hungry infants.
They “Go see the Minister” and close their eyes to everything; then return to church on Saturdays/Sunday preaching there is a better life beyond this one.
The Media Organizations are weak. They copy, cut and paste public relation statements issued by their local governments.
Caribbean Bar Association gave Ralph Gonsalves and Mia Motley a tongue lashing and dressing down when they criticize the Caribbean Judges for their leniency on crime.
Does UWI law schools teach a course in ethics? How many people you know who the victims of their attorneys’ actions are.
Where is the philanthropy among those who sits on top of the economic heap? Getting their photos on the front pages handing out insulting measly sums thinking that’s philanthropy.
Until the Faith Leaders across the Caribbean step out of bed with the corruption; CCJ vs. Privy Council is academic.
Barbuda has a just cause; so, they are able to get help. It is foreign attorneys working pro bono who recognize this is highway robbery and are travelling with Barbudans on this journey.
There is much more to come.
If the CCJ was our final appellant court maybe they would have arrived at the same conclusion as the privy council. There are numerous instances where this happened
JUST SAYING
Congratulations to the both of them and Barbudans as a whole!!!!! This should teach us, if nothing else, that we, the people, have the power AND the obligation to confront and “fight” against those who have no regards for the law and even less regards for the people ….even if they delusionally believe themselves to be “world’s boss”.
Dem ah rush fi Barbuda land and all me want Dem fi do aj just fix ten square meters of land aj de top of lauckland Benjamin drive
Good news!
Well, it’s time to move on if people are rejoicing of this we must also rejoice of the fact that Antigilua and Barbuda is One state and all the lands belong to the Crown just can’t rejoice over one and disregard the other , so let’s hold hands and move the National development of our beautiful Nation and history will remember all those who were patriotic and those that were not
You certainly missed the point. Let me provide you with an analogy.
Would you allow someone like the Chinese to rip up St. Johns in the name of economic development; and have separate entries: one for Chinese and on for the locals With the Chinese dumping all the sewage and waste oils in Ovals, Villa and St. Johns Habour?
Would you then hold hands with the Chinese? Would you think it’s a patriotic thing?
It is worth keeping in mind that Barbuda never wanted to be a part of the State Of Antigua in the first place. In any event, being part of a unitary state does not give any central government carte blanche to ride rough shod over the wishes of its people. This applies specially to Barbuda whose history is unique. Government must pay regard to the wishes of people like Barbudans but of course Gaston Browne would never allow this to happen and we all know why.
When the mantra of Governance is driven by greed and self-interest of the Coons, Cronies and Buffoons in governance, the wishes of the people is damned by infectious corruption: even to the faith, and retrenchment of the people’s reality; for a few dollars more. And blinded to the optics of vision, they engage in nefarious deals to maintain the status quo, of keeping the people in languid poverty and servitude, as an aspiring trait. As inevitably happens, when the lessons of the past is not internalized to give rise and sustenance to awareness; such as, not to wantonly sell the People’s Patrimony for the continuance of apartheid practices; as the appeal for foreign investments of residential enclaves with buffer zone-in-zone-out footprints. This, to anyone of patriotic consciousness content, could only be deemed as treasonous to (us.) We: The People who have been marooned and abandon on these islands as the legacy of European’s external forces of enslavement: do wish for rational sustainable growth, that does not encroach on our collective sensibilities and aspirational attainment of sovereignty. What is the optics to be discern by opening-up for the ambiance of grandiose palatial enclaves embedded amongst us: when the people are wallowing in abject poverty and exclusion!? Ah! Just wait for a Carnival assimilating jubilation: When your guest becomes the master of your Den.
Consultation is a must… The Colombians who developed folleys cut down all my orange trees in preparation for the construction… on land I have title too.
wow!
This is a big win for Barbuda and a big plus for environmental rights. The Barbudans were very gutsy to take this to the Privy Council but this decision exonerate them fully.
I don’t know what you mean by “exonerate them fully”. It gives them the right to sue and the GOAB the right to appeal.
It gives the Appellants Mussington and Frank to right to pursue their case which may yet end back up at the Privy Council for another round.
The GOAB and (Discovery Land Company PLH/BOC) who were not all named in the case; are known for pursuing actions that they know contravenes the law.
Last night and today, they are still racing to complete and open the airport. This ruling did not stop them for attempting to do so.
It is likely the Appellants will go back to Court seeking a restraining order to prevent the government from operating the airport.
Given the attorneys representing the GOAB came off as a bunch lying bumbling idiots, at the Privy Council hearing; I am curious to see if the return for another drubbing on this matter in any Court of Law.
Antiguans mek are we get up and do wa Barbuda people do.Fight for Dem damn country.What about us taking the Cabinet and the damn tap Dawg to court concerning The latest episode concerning the Govt DCA office on Friars Hill road and also who is the damn owner of the building that DCA has rented from, also what about going to court for all the Tax free concessions granted to the new owners who a go buy or done buy Dem land from Dato Tan.What about going to court for any tax payers money that is given to any bank to help to bail them out of their financial woes and disaster.UPP start to get a legal team together and me sure even self a five dollars per person collected from the thousands who voted UPP we can go a court and fight the Govt..UPP let’s do it take a page from Barbuda people. Book.A big Congratulations to Barbuda people.You did it and will do it again.Antiguans mek are we broke up all the glass and China wares from out the old damn rotten board cabinet.
PLEASE STOP ALLOWING GASTON BROWNE TO WEAPONISE HIS IMCOMPETENCE.
The Barbudans made their cause not one of Barbudans alone; but local, regional and a fight that has international implications. They have done their homework, and they know the laws and regulations which were not followed.
From Puerto Rico to Belize, from Dominica to Guadeloupe; indigenous people have shown their support for Barbudans in their fight with Central Government on these issues.
Their actions have garnered them wide support, so they were able to get world class legal representation.
@Rock of Ages
Gaston understands that the Antigua public reacts to Pennies when there is dollars be stolen.
The LIAT(2020) is being stolen from under the noses of Antiguans, while millions are everyone is focused on a DCA lease.
As I write about publicly in these comments and while the public is informed they ignore.
Gaston certainly is aware do he changes the numbers.
Reminds me of Cloud Atlas
Antagonist – No matter what you do it will amount to nothing more than a single drop in a limitless ocean.
Protagonist – What is an ocean but a multitude of drops.
Congratulations to the Barbudans, they are the living definition of moxie.
John Mussington- environmental scientist, educator, proud Barbudan & courageous, tenacious human being.
He has researched, stood up and spoken truth to wrongdoing for decades.
Delighted the Privy Council recognize his, and the fellow challengers, Good Standing.
We have seen this good standing in action over so many years.
For those of you round south, Desmond Nicholson held Mr Mussington in high regard.
Thank you to both Barbudans in this fight for showing us Antiguans how to prepare and represent collectively for our land, our island, our home.
It starts with putting politics aside and focusing on the common good.
I just finished reading the privy council judgement regarding the. John Mussington and co. And would like to point out that the problem lies with civil servants who either don’t know their role or refuses to carried out their functions under the law. While politicians through Parliament passed laws it is civil servants who are responsible for enforcing the law not politicians. Too often I have observed civil servants rubber stamping political directives without referring to the law. I am calling on department heads like comptroller of customs, police commissioner, the DCA head to grow some balls and carry out their functions under the law
ANTIGUANS TEK A GREAT LOOK AT THESE BARBUDANS THAT STOOD UP TO GASTON
ALL ANTIGUANS DI IS TALK TALK TALK
HOW MANY TIMES BARBUDA HAS SHOW GASTON THEM NA FRAID HE ….THESE POL ARE MORE ABOUT PROVING THAN TALKING
ANTIGUANS YOU ALL NEED TO STOP MURMUR ….turn blind eye Tek hand outs / buyouts AND OVER THROW GASTON …….
End Gaston regime NOW
I wholeheartedly salute my brothers and sisters for their steadfast and unbending stance in standing up to the Hitler of ALP.
The people of Barbuda has put Antiguans to shame. Maybe,the time has come for Barbudans to consider separating from Antigua, because the Hitler will not give up on his quest to destroy Barbuda. He has turned Antigua into a latrine.
In any event, Barbudans well done, keep up the good fight. Thank God for the Privy Council, as the Caribbean Supreme Court has proven to be at best incompetent and at worse corrupt as politicians in Antigua.
I have to show respect to the people of Barbuda they have a backbone.
What backbone!? It’s all about grandstanding, nothing more. The mistake that Antigua, under this administration, has been making is for wasting valuable resources in trying to develop Barbuda by directing much needed and appreciated investments away from Antigua to Barbuda. They should have been severed since 1981. Let them stay where they are and fend for themselves. It’s not worth the effort.. Leave them alone with their friggin’ birds and turtles, wild boars, wild deer …. and people. Time for a novel approach to Barbuda.
Watch your health. It’s evident that you couldn’t sleep. I have no doubt that most Barbudans want development but not by Rustlers and Interlopers. You need to analyze, think for yourself and repulse whomever is giving you garbage to regurgitate. It seems like your organization has developed a policy of genocide against the Barbudans and you are hurting because they have to gumption to retaliate.
@Anon the 1st.
What backbone, you ask. It’s the stuff you haven’t got. You appear to be all hot and bothered. Stay calm and don’t overstress yourself. So, the mistake the administration has been making is in trying to develop Barbuda, eh? Some might wonder if some of these resources include the $1 million gifted to the Barbudans over six years ago which they haven’t set eyes on to this very day.Who can release these funds, maybe you can tell. Do you know Barbuda never wanted to be tied to Antigua in the first place? Smart guys they are. Corruption, vindictiveness and incompetence in governacne are the trademarks of this administration and their comrades over the years and they spotted all these even before 1981 and wanted no part of it, only to be left alone “with their friggin’ birds and turtles, wild boars, wild deer …. and people.” Somehow there is a ring of peace and tranquility and living in harmony with nature which is alluring. Nothing at all wrong with that to me, sounds blissful. They do not want your airport destroying what they and their forefathers have cherished over the centuries. Go and develop somewhere else like Redonda, perhaps. Now that would make ‘Marvelous Mike’ purr like a kitten when he beds down for the night with visions of torrents of dollars flowing into his coffers. The wildlife there cannot take him to court, only squawk in vain. Meanwhile get a grip of yourself and do this: Go into a dark room, lie down and take a deep breath (eyes closed) and think, “if only those pesky Barbudans didn’t rain on my parade I could have had a nice slice of the cake but it’s not to be. C’est la vie.
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