CAPI files new court action against changing NHT Act

Barbara Gayle, Justice Coordinator

Citizens Action for Principle and Integrity (CAPI) has discontinued the suit it filed against the National Housing Trust (NHT) and has instead filed a constitutional motion today in the Supreme Court.

The lobby group was seeking to block the board of the NHT from paying over $45 billion to the government for budgetary support.

In the constitutional motion filed today, under the name of one of its members, CAPI, is challenging the Bill to amend the NHT Act, which was passed on Tuesday in the House of Representatives.

The NHT; the Finance Minister, Dr Peter Phillips, and the Attorney General are named as defendants.

The CAPI member, 48-year-old St James businessman Fitzroy Fagan is also seeking an injunction to bar the NHT from handing over the money to the government.

Fagan is contending that the drawdown would be a breach of his constitutional right to property under Section 15 of the Charter of Rights and Fundamental Freedoms.

The businessman says he has been contributing to the Trust for more than 22 years and has never received a benefit.

He is arguing that if the NHT board hands over the money to the Government then he will be deprived of his right to his contribution.

Fagan is also seeking legal cost.

Fagan is being represented by Hugh Wildman who is being instructed by attorney-law- Marvalyn Taylor-Wright.

The claim has been served on the NHT and the Attorney General.

No date has so far been set for the hearing.

A hearing was scheduled for last Friday into the first challenge but was adjourned to tomorrow.

Justice Donald McIntosh adjourned the matter after it was revealed that documents from the claimant, Mario Harley, were outstanding.

It was later disclosed that Harley was not a contributor to the NHT.

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