Environmentalist Kamau Akili said yesterday the day after two students almost died in a freak accident at Pigeon Point, Tobago, buoys were installed in the waters to ensure that boats keep their distance from sea bathers.
Akili is a director of Pigeon Point Heritage Park Limited, one of the three defendants in the civil lawsuits brought by Ana Carolina Barry-Laso, and Yanik Quesnel, following a near fatal crash at Pigeon Point on June 12, 2007.
The students, both 19, suffered serious injuries after a boat passed over them while they were bathing in the sea off Pigeon Point. They are now before Justice Judith Jones in the Port-of-Spain High Court seeking damages for their injuries. Akili, who was called as a witness for his company, was cross-examined by Douglas Mendes SC, lead counsel for the two students.
Pigeon Point Heritage Park was incorporated on January 3, 2006, and according to Akili, the company sought additional lifeguards for Pigeon Point. He said it was the Tobago House of Assembly (THA) who pays the lifeguards. He added, "the purpose of the lifeguards was for the safety of persons who paid to come into Heritage Park."
As far as Akili was concerned, Power Reef Tours, was the only group which has permission to sell tickets at Pigeon Point for tours to Buccoo Reef. He said if there were others doing the same thing, it would be without the permission of his company. Mendes went through the minutes of the company, which formed part of the court record. Akili said at a meeting on April 27, 2006, a request was made to fellow director and attorney, Alvin Pascall, to find out if there was legislation to prevent jet skis from using the area off Pigeon Point. He said Pascall responded in the negative. At a meeting on June 29, 2006, Akili said his company was still trying to get permanent lifeguards for Pigeon Point. This was followed up, according to the minutes of July 27, 2006. Akili said the executive council of the THA had expressed concern about motorised sport in the Pigeon Point area. The question of the installation of buoys for Pigeon Point came up at the meeting on August 24, 2006. At the next meeting on September 28, 2006, the installation of the buoys remained outstanding. By November 30, 2006, the payment of supplies for the buoys was completed. For the next three meetings, nothing changed.
On February 23, 2007, the meeting was informed that there was a problem inflating the buoys. At a meeting on April 26, 2007, the meeting was informed that the manager would sort out the problem by May 2, 2007. The accident involving Quesnel and Laso took place on June 12, 2007. The following day, according to Akili, the buoys were finally installed at Pigeon Point. Justice Jones indicated that this was a very important matter and asked all parties to put their final submissions in writing. She said if she needed to hear anything further, she would inform the parties. The case was then put of to February 10, 2010 for possible judgment.
The Claim
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Ana Carolina Barry-Laso, of Pontevedra, Spain, and Yanik Quesnel, of Kensington Court, Cascade, have sued the Tobago House of Assembly (THA), Pigeon Point Heritage Park Ltd and the Attorney General, seeking damages for personal injuries and consequential loss for negligence, while they were using the beach facilities at Pigeon Point on June 12, 2007.
The two students are being represented by Douglas Mendes, SC, and Kerwyn Garcia. Elton Prescott, SC, Phillip Lamont and Alvin Pascall appear for the THA and Pigeon Point Ltd. Russell Martineau, SC, state attorneys Sarfraz Algaran, Mira Goolam, Deborah Jean-Baptiste-Samuel and Sean Julien represent the Attorney General.
