Acting Justice Timothy Owen is set to deliver his decision Wednesday, 19 Feb., on the judicial review challenging government’s port project referendum.

Judiciary officials told the Cayman Compass Thursday that Owen is planning to hand down his decision at 10am via video at Grand Court.

Last month, at the close of the case that was filed by Cruise Port Referendum Cayman’s Shirley Roulstone, Owen had indicated that he hoped to hand down his decision this week.

The two-day judicial review wrapped up on Jan. 23.

The National Trust, which has also challenged the referendum, joined Roulstone’s case as its concerns were similar.

Roulstone’s case, which was filed against Cabinet and the Legislative Assembly, challenges the referendum law that was passed last year specifically to pave the way for holding a vote on government’s $200 million cruise berthing and cargo project.

Her attorneys argued the legislation was “unlawful” as it failed to address critical issues that would guarantee the protection of a citizen’s right to vote.

However, government’s attorneys countered that it was not within the court’s remit to quash the port referendum law.

A general referendum law is being drafted by government and is expected later this year.
Government had undertaken several concessions that related to the initial case submitted by Roulstone’s legal team.

Those concessions include amending the referendum question, which was done in late December; declaring that it has a duty to protect the environment in its decisions; and the submission of an environmental impact assessment scoping update on the project.

Roulstone has been shielded from paying government’s legal costs should her action over the vote on the port project fail in the court.

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