Appeals Court hears wall case

The case of the walls at the Fort Street Tourism Village entered a new era as this morning fresh arguments began in the Court of Appeal. Lead attorney for the Village, Godfrey Smith, is appealing the March eleventh decision of Chief Justice Abdulai Conteh which found that the walls denied the constitutional right of the owners of Brown Sugar Marketplace and the Michael Colin Gallery to earn a living and therefore the walls should come down. When he took the floor this morning Smith argued that despite the claim of Brown Sugar and Michael Colin, the Village is a strictly private company which does not serve any public function and is therefore not subject to public law. He expanded on those grounds following this afternoon’s court session.

Godfrey Smith, Lead Attorney, F.S.T.V.
“There is no way that anything that the Fort Street Tourism Village has done that could be created or could meet that threshold of clothing them with public authority, whether by statue or whether by factually; that was not established. But even if it is established, our arguments have been—they cannot, they will not be able to show the claimants meaning BEDECO, Brown Sugar etcetera, that their right to work has been infringed because the cruise ship passengers are able to access their facility in any event. Their right to work means the denial of the opportunity to gain a livelihood, or to earn a living or engage in a trade or profession and there is no way that the Fort Street Tourism Village denied them that opportunity. They had access to the cruise passengers, except not via the continuity of the boardwalk, those had to go around. Those are, in essence, the arguments.”

But when Senior Counsel Fred Lumor took the floor during the afternoon session, he maintained that the Village is not just a port of entry; it is an official port facility with coercive powers protected by the state.

Fred Lumor, Attorney, Brown Sugar
“They’ve been relying on the I.S.P.S. code as the reason for building the wall and the I.S.P.S. code gives them a right to such people who are going into the Tourism Village. Therefore, I am saying that they have coercive powers or powers which can compel people to be searched. So as a result of that, their actions are liable to be reviewed by the court as if they are a public authority since they have been given powers whereby they can search people. But it seems the court is taking the view that oh although they can search people, if they want to search you and you don’t want to be searched then you can refuse to go through the village.”

Janelle Chanona
“I’m also getting that the court is swayed somewhat by the arguments that their clients opportunity to earn a living were not denied because all they had to do is get into the village and then walk around to get into your clients’ properties.”

Fred Lumor
“That is their initial view. I will argue that first thing tomorrow morning.”

Janelle Chanona
“Previews? Can you tell me what you will argue?”

Fred Lumor
“Well, I don’t want to show my hand at this moment but we will try to persuade the court that that is not so.”

Lumor will continue his submissions in the Court of Appeal Tuesday morning.