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Lawyer asks court to throw out claim against JUTC's exclusive Highway lane

Published:Wednesday | July 1, 2015 | 10:00 AM

JUTC asks court to throw out claim against JUTC's exclusive Mandela HighwayA government lawyer has asked a court to throw out a claim against the Jamaica Urban Transit Company (JUTC) because she says the complainants are challenging a law that does not exist.

The Judicial Review Court is hearing a case brought by the Rural Transit Company Limited against the 2013 decision of the JUTC to take control of a section of the Mandela Highway.

Attorney-at-law Carlene Larmond, from the Attorney General's Department, said yesterday that it is a temporary policy and not a law which governs the JUTC's use of the exclusive lane.

According to her, there is no law to support the claim brought by the transport operators. 

Meanwhile, Larmond argues that the rights the complainants say are being breached are not applicable to the case. 

She contends that the JUTC and the Rural Transit Company Limited operate under difference licences.

Earlier, the JUTC's lawyer, Queen's Counsel Walter Scott submitted that there is no evidence that the JUTC breached the Charter of Rights and Fundamental Freedoms in relation to the exclusive use of the bus lane. 

Justices Carol Lawrence Beswick, Christine McDonald and Frank Williams are hearing the case. 

Monique Harrison appears with Larmond for the the AG and the Commissioner of Police. 

The case continues today.