The much anticipated trial between the Virgin Islands Environmental Council (VIEC) and the Government and Beef Island developers will commence on April 27 in the High Court.
According to one of the VIEC’s directors, the group is very happy for the trial as they have experienced several legal road blocks along the way.
The director said he is hopeful that the VIEC will have everything in place before the trial.
Last year, the group had to raise in excess of $47,000 to fly in its team of UK Environmental lawyers and this year, the sum is expected to double. The VIEC’s case is headed by renowned environmental lawyer Stephen Hockman Q.C and his team from the United Kingdom.
The group will be holding a fundraising event on Saturday April 25, where persons are invited to come out and have a look at the disputed area and learn more about the case and why the VIEC is petitioning against the project.
In July 2007, the VIEC took legal action and sought a judicial review of the Government’s decision to grant planning approval to the Beef Island Development Project.
The Government had entered into a development agreement in 2005 and approved a Master Plan with the developer, Quorum Island to build and develop the Beef Island Golf and Country Club.
The US $80 million project involved the construction of a five-star hotel, marina and 180-acre golf course that would occupy two-thirds of Beef Island or 663 acres of land.
The plan involved placing the golf-course immediately adjacent to and within a fisheries protected area, Hans Creek. Hans Creek, in 2003, was recognised by its designation as a fisheries protected area under the Fisheries Regulations 2003.
Since the VIEC’s challenge to the project, the developers have offered to shelve plans for the construction of the golf course.
The VIEC won their first step of the battle when Judge Rita Joseph- Olivette ruled in favour of the Council on March 7, 2008 which defeated allegations by the Beef Island developers and Government that the VIEC’s claim for judicial review was time-barred.
However, the decision was challenged and an appeal was filed in the Court of Appeal by the developers and Government.
But the Court of Appeal upheld the March 7, 2008 decision of Justice Olivette that claimed the VIEC’s claim was not time barred, a ruling that paved the way for the upcoming April 27 trial.
Meanwhile, the VIEC with the assistance of Ocean River Institute, a non-profit organisation that provides support services for small environmental groups and offers individuals opportunities to make a difference, has put together a compilation of comments and signatures of thousands of concerned persons from around the world, who expressed outrage and concern over the development of Beef Island.
The petition and compilation were presented to Premier Ralph T. O’Neal, which highlights the international attention the case has drawn. |