By Onika James Tuesday, October 6 2009

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THA IN COURT: Yannick Quesnel and his friend Carolina Barry-Laso have sued the THA, Pigeon Point Heritage Park, and the AG for injuries they sustained...

The Tobago House of Assembly (THA), Pigeon Point Heritage Park, and the Attorney General will be on the defensive later this month , as the parties fight a legal battle with boating accident victims Yannick Quesnel, and Carolina Barry-Laso.

Quesnel of Cascade and his friend Barry-Laso, a Spanish national, were seriously injured when a boat sped over them while they were bathing at Pigeon Point, June 12, 2007.

Quesnel, who was 17 at the time of the accident, and Laso 16, suffered severe head injuries, and multiple broken bones. Both were airlifted from Tobago to the Port-of-Spain General Hospital, and warded at the ICU.

The families of the victims filed legal action against the three parties on July 17, 2008.

The trial is set for October 21 and 22, at 10.30 am.

Since the matter was filed, Pigeon Point Heritage Park never put in a defence in the matter. As a result, the claimants (Quesnel and Laso) took up judgment against them.That is, the claimants construed that since Pigeon Point Heritage Park had no defence to the action, they (the claimants) claimed a victory.

However, yesterday Pigeon Point Heritage Park got involved and applied to have the judgment against them set aside. Concerned persons for the party informed trial judge, Justice Judith Jones that they had retained the services of Senior Counsel Elton Prescott, and Kimba Anderson. Prescott is also representing the THA in the matter.

Jones is set to hear submissions on the matter at 8.30 am today.

All parties have already filed their witness statements.

However, the claimants were forced to withdraw one of the statements after the judge revealed that she knew one of the witnesses personally. As a result, the judge inquired if there would be a problem? She further added that she would recuse herself if the attorneys in the matter were uncomfortable with the situation.

Prescott was initially against it, but after attorneys conferred, the claimants decided that they would withdraw the statement of the witness in question.

Quesnel, and Laso are being represented by Douglas Mendes SC, Vishma Jaisingh, and Kerwin Garcia.

Alvin Pascal, and Prescott are representing the THA and Pigeon Point Heritage Park. Russell Martineau, SC, Deborah Jean-Baptiste-Samuel, Sean Julien, Mira Goulan, and Safraz Alfaran will represent the Attorney General.