Lawyers representing the Energy Ministry yesterday admitted that their client may have “condoned an illegality” by allowing service stations to operate without valid petroleum retail marketing licences over the past five years.
Senior Counsel Russel Martineau made the admission whilst making submissions before three Appeal Court Judges at the Hall of Justice in an appeal against a lawsuit brought by two brothers who claimed that the ministry had illegally revoked their licences.
Martineau said in mid-2010, then Energy Minister Kelvin Ramnarine suspended the ministry’s issuing of paper licences as its technocrats were reviewing terms and conditions and procedures for the issuing and renewal of the licences. Since then, operators have been allowed to operate without the licences provided they undergo annual inspections and pay renewal fees.
Earlier this year, at the opening of a new station at Wrightson Road in Port-of-Spain, Energy Minister Nicole Olivierre revealed that only one of the 137 stations in T&T was operating with a valid licence.
Martineau described the situation as unfortunate.
“These are annual licences. You must have a licence. There is no other way to operate,” he said as he called upon the appeal panel consisting of Chief Justice Ivor Archie and Appellate Judges Peter Jamadar and Nolan Bereaux to uphold his client’s appeal.
Brothers Adesh and Prakash Maharaj claimed the ministry’s decision to shut down their stations in Fyzabad and King’s Wharf in San Fernando was “ultra vires, null, void and of no effect.”
Their lawyer, Ramesh Lawrence Maharaj, SC, disagreed with Martineau’s claims that the siblings’ licences were merely suspended pending an investigation into alleged impropriety.
He argued that by failing to allow the stations to reopen, the ministry had effectively revoked the licences. He said it was untenable and outrageous for the ministry to maintain the closure for the extended period.
After hearing submissions from the two parties, Archie, reserved the decision to a date to be set by the court.
