On Monday and Tuesday 5th and 6th May 2008, the Anguilla High Court heard an application for leave to apply for Judicial Review of the Government's decision to permit the construction of a Dolphinarium at Sandy Point Bay Beach, Blowing Point. The Applicants own property at or near the site and several long established and Anguillian owned businesses have been affected by the Government’s decision.

The Hon. Justice Janice George-Creque granted that application at the hearing on Monday but reserved overnight the question whether she should grant an interim order restraining continued construction of the Dolphinarium.

On Tuesday morning she held that the Dolphin pier construction should be halted. In doing so, she concluded that the Government was in breach of its duties to uphold the law in the public interest. She therefore ordered that all construction at Sandy Point Beach or in the waters forming the Port at Blowing Point cease forthwith until further order.

The Applicants were represented by Webster Dyrud Mitchell. Ivor Greene senior Crown Counsel represented the Government. Josephine Gumbs Connor held a watching brief for Dolphin Discoveries.

The next hearing has been fixed for Friday 13 June 2008

For further information contact: pwebster@websterdyrud.com or Pam Webster or Tameka Davis at telephone: + 1 264-461-2060; fax: +1 264-461 3096

Notes For Editors

On 2nd November 2007, the High Court ordered Dolphin Discoveries to vacate their Meads Bay location.

Dolphin Discoveries had begun work on constructing dolphin pens at Sandy Ground at the end of May 2007. The government then withdrew their approval for the Sandy Ground site.

In January 2008 work began to construct dolphin pens at Sandy Point Bay Beach, which is in front of an area previously designated as a National Park, and in February four dolphins were moved into those pens and are there now.

The application for leave to apply for Judicial Review was heard on Monday and Tuesday 5th and 6th May 2008 and was supplemented by an application for an interim remedy to prevent continued development of the facility.

In reaching her decision the Judge said:

"Despite the lack of (...) licences and permissions under the Beach Control Act and the Ports, Harbours and Piers Act, it is not challenged that construction of a Dolphinarium or a Dolphin Pier has been proceeding apace in the water forming part of the port and harbour of Blowing Point and encroaching on the foreshore and floor of the sea at Sandy Point Beach. It is because of the Dolphinarium's peculiar location which brings it within the ambit of the provisions of these Acts quite apart from any other law which may be applicable thereto. Admittedly, the construction as being carried out runs afoul of the provisions of these Acts. This then begs the question: "How could such activities which attract criminal sanctions, in the absence of the requisite licences and permissions, simply be allowed to occur and proceed unabated without the necessary intervention by the relevant servants or agents of the Crown?" Yet no steps have been taken to bring such activities which are being carried out in plain sight to a halt. Can such a dereliction or abdication of responsibility be permitted to the detriment of the public interest? I think not. It is after all in the public interest that the laws of the land be applied and obeyed. Such is essential for the good governance in a democratic society. Accordingly, in such an instance, the Court must step in with a view to safeguarding the interest of the ordinary citizen.

Based on all the circumstances as I have set out, I am satisfied that the granting of interim relief is warranted to halt the activities being undertaken in admitted violation of the provisions of the Beach Control Act and the Ports, Harbours and Piers Act."

The Judge then made the following Order:

"Accordingly, it is ordered as follows:

(1) That all construction of all piers or structures or any encroachment on the foreshore or floor of the sea in whatever manner at the Sandy Point Beach or in the waters forming the Port at Blowing Point by any persons whether by themselves, their servants or agents, in violation of the requisite licensing provisions of the Beach Control Act and the Ports, Harbours and Piers Act cease forthwith until further order.

(2) The Respondent shall perform all acts and do all things as may be necessary to ensure compliance with the terms of this order.

(3) It is further ordered and directed that this order be served upon Dolphin Fantaseas Anguilla, being a person appearing to the Court to be directly affected by the making of this order."