Tuesday 18 June, 2019

Homeless man loses lawsuit against POS Corporation

A homeless man who took the Port of Spain City Corporation to court over rights to reside in Tamarind Square has failed in his challenge and will now have to pay the Corporation's legal costs.

The claim brought by street-dweller Hugh Bernard was dismissed by a High Court judge on Monday.

Bernard mounted his challenge against the Corporation in 2016 after fences were erected around the Square and secured with gates.

Bernard said all the gates, except one, had been padlocked and there were fears that the remaining gate would be locked as well, preventing the homeless from gaining access to the Square.

Additionally, Bernard wanted the Corporation to erect tents and toilet facilities in the Square for the use of the homeless.

Bernard was initially denied permission by a High Court judge to pursue the claim against the Corporation but the case was allowed to proceed following the Corporation's withdrawal of its challenge of Bernard's appeal.

The matter was however dismissed again by Justice Eleanor Donaldson-Honeywell.

Bernard was ordered to pay the Port of Spain City Corporation's legal costs in the matter, despite his current financial status. 

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