A5 court case: Sinn Fein's minister says she's determined to build controversial road, after judge blasts her department for 'gaslighting'
A Sinn Fein minister says she’s determined to build the controversial 58-mile A5 road upgrade, after judge a blasted her department for ‘gaslighting’ in an ongoing legal case.
Mr Justice McAlinden today hit out at what he branded an unfair, unacceptable and unprincipled approach by the Department for Infrastructure (DfI) as well as the Department of Agriculture, Environment and Rural Affairs (Daera).
The High Court judge blocked the £1.7bn A5 project last year on environmental grounds, a decision now being appealed by the DfI supported by Daera. Today, he accused the two Stormont departments of filing different climate evidence for the appeal to that he saw on the original case, while they were also claiming he’d misinterpreted the evidence first time round.
“The DfI and Daera are putting forward the proposition that the case that they are now making was always the case being made by the DfI,” he stated in a scathing rebuke.
“I state with the utmost conviction that I regard this approach as nothing less than ‘gaslighting’.
"The case that is now being made is not the case that was presented before me.”
In a statement this evening, Infrastructure Minister Liz Kimmins tried to brush off the judge’s strongly-worded criticism, though admitted she was “disappointed with today’s outcome”.
Said the Sinn Fein politician: “Notwithstanding the High Court’s latest conclusions, I remain fully committed to pursuing the appeal in full. My priority remains to get the road built and to save lives.
“The judgment delivered today represents only one step of the wider appeal process, which will now continue in the Court of Appeal.
“It relates to a specific issue that the Court of Appeal asked the High Court to consider, concerning evidence under section 52 of the Climate Change Act. This issue will now return to the Court of Appeal to be heard.
“Court proceedings in relation to the A5 project are ongoing, and it would therefore be inappropriate for me to comment further at this time.”
If built, the huge road development would stretch from Londonderry and Aughnacloy, close to Co Tyrone’s border with Co Monaghan.
The minister has paused three unrelated large-scale road projects worth a combined total of £190m until her department’s A5 appeal is dealt with.