CAPI files new suit against Government over NHT funds
Published:Friday | March 8, 2013 | 12:00 AM
Barbara Gayle and Jerome Reynolds, Gleaner Writers
Citizens Action for Principle and Integrity (CAPI) is not giving up the fight to stop the Government from taking a total of $45 billion from the National Housing Trust (NHT).
Yesterday, CAPI filed a constitutional motion in the Supreme Court seeking a declaration that taking the money from the trust would amount to a breach of the Constitution.
The motion was filed by 48-year-old St James business Fitzroy Fagan, who says he is a contributor to the fund.
Notice was filed in the Supreme Court yesterday discontinuing the suit filed by Mario Harley challenging the drawdown from the fund.
The Government has indicated that the money, which is to be withdrawn in tranches of $11.4 billion over the next four years, is to be used for budgetary support.
No date has not been set for the matter to be heard before the Constitutional Court.
BREACH OF RIGHT TO PROPERTY
Fagan is contending that withdrawal of the funds from the NHT is a breach of his constitutional right to property under Section 15 of the Charter of Rights and Fundamental Freedoms.
The businessman said he has been contributing to the trust for more than 22 years and he has never received a benefit.
He is arguing that if the NHT board hands over the money to the Government, he will be deprived of his right to his contribution.
Fagan is also seeking an injunction to bar the NHT from handing over the money to the Government.
The businessman is being represented by Hugh Wildman, who is being instructed by attorney-at-law Marvalyn Taylor-Wright.
The NHT, Minister of Finance Dr Peter Phillips and the attorney general are named as defendants.
The claim has been served on the NHT and the attorney general.
A hearing was scheduled last Friday into the first challenge but was adjourned to today.
Justice Donald McIntosh adjourned the matter after it was revealed that documents from Harley were outstanding.
It was later discovered that Harley was not a contributor to the NHT.