A five-week ban on the use of jet skis in the Buccoo Reef Marine Park will be lifted by the court, but it will not be business as usual for operators.
At a virtual hearing today, Justice Sherlanne Pierre acknowledged the risk posed by the operations, adding the loss of one life shows the gravity of the matter.
As she announced the granting of an injunction to the Tobago House of Assembly against operators, the judge made some concessions for use of the marine park.
However, she said there will be strict parameters operators must obey.
Jet skis will remain prohibited from the Nylon Pool and are banned from touting at Pigeon Point Heritage Park.
They must also limit their speed once in proximity to the shore and maintain a safe distance away from the bathing area and shoreline. The specific distance will be discussed by counsel for both parties today.
In addition, no minors will be allowed on jet skis, stunts will be prohibited and no driving of the watercraft under the jetty.
She again urged the operators to find modern and creative ways to attract customers instead of aggressively approaching beachgoers at Pigeon Point.
However, the judge said the THA had fallen short in fully establishing jet ski operators were trespassing on their premises.
She noted the absence of a clear policy on the use of the jet skis and the management of the marine park.
Attorney Christlyn Moore, who represented the THA, argued that her client had been sued over accidents in the park in the past, thereby establishing its responsibility over the jurisdiction.
She said the THA was "entitled to discriminate" against whom it permitted onto its property, adding that reef boats and other watercrafts do not pose the level of threat that jet skis do.
Samantha Lawson, counsel for jet ski operators, challenged Moore on the lawsuit against the THA, noting that it was a boat that caused injury to someone and not a jet ski.
She added that to prove trespassing the THA must "show control" of its premises. She noted a recent site visit ordered by the court only revealed one buoy in the marine park.
She added the Marine Preservation and Enhancement Act identified the minister as in charge of the Buccoo Reef.
She asked whether there was an official policy shift by the minister that could be presented to the court.
Moore said whether it was a boat or jet ski involved in the accident, it was the THA that the court determined was responsible for what happened in the waters surrounding Pigeon Point Beach.
Moore said the THA was not stopping the jet ski operators from earning a living, noting there were calm waters before and after her client's property.
"There are other beaches the defendants can ply their trade," she said.
Lawson countered that if safety was the priority, they should be allowed use of the marine park as other locations present a real danger for operators and their clients.
During the hearing, the judge noted Lawson was raising interesting points, but queried why they were not in the affidavits.
Lawson said her comments were made in response to points made by Moore.
The temporary injunction was granted to the THA on April 23 following continued complaints over the use of jet skis close to the shoreline at Pigeon Point Heritage Park.
A jet ski struck and killed seven-year-old Angelica Jogie on April 8 while she was bathing with her family at the popular beach.
The watercraft breached a designated bathing-only zone and hit the child.
She died at the Scarborough General Hospital.
A 32-year-old male suspect who fled the scene after hitting Angelica was arrested on April 9 and later released pending investigations.
Snr Supt Rodhill Kirk said police are awaiting a "critical" element of the investigation before any charges can be laid.
