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The appeal was against the order of Justice Rene Williams, who refused the application for an injunction to stop the sale of the vessel.
Attorney Dr. David Dorsett who represents the appellant said although the decision not to grant an injunction against the sale of the Alfa Nero is disappointing, it does not affect his clients constitutional claim that is still being pursued in the Antiguan courts.
Dr. Dorsett, expressed his confidence in prevailing in the constitutional claim and invalidating the purported seizure and auction of the Alfa Nero.
He clarified that the vessel was never abandoned, as claimed by some sources.
Moreover, he said before the seizure and auction, the Antigua and Barbuda Attorney General and the Port Authority Port Manager Darwin Telemaque were made aware of the vessel’s ownership by a trust company and the identity of the sole adult beneficiary of that trust.
Dr Dorsett also found the various arguments the Port Manager Darwin Telemaque and the Government gave for the need to seize the vessel embarrassing for the Islands of Antigua and Barbuda.
Telemaque made multiple claims about the Alfa Nero’s condition, citing possible environmental damage and danger to shipping, according to Dr Dorsett
However he said during televised interviews at the auction, he claimed that the vessel was in “pristine condition,” suggesting that his earlier claims were merely to enable the vessel’s seizure.
The situation could have been avoided had the Government not ignored the owner’s approaches before the auction, according to Dr Dorsett
He said the legal team will continue to fight for the Alfa Nero’s rightful owner and challenge the unconstitutional changes to the law that enabled the seizure of someone else’s property without compensation.
He said the Court of Appeal agreed that his client has a good arguable case that the Port Authority (Amendment) Act could enable the confiscation of property without compensation, in violation of section 9 of the Constitution.
He insists that the legal team is considering all options, including appealing to the Privy Council.