On October 23, 2023, a Panel of Court of Appeal Judges allowed the Environmental Management Authority’s (EMA’s) Appeal against WildGoose Limited. The court made the following orders:
The appeal is allowed;
The orders of the trial judge are hereby set aside;
Accordingly, the court declares, and a declaration is granted that the decision of the EMA to turn off the music at the Tailgate Carnival event at the Paddock Area of the Queen’s Park Savannah on 26 February 2019 is ultra vires; and
Nonetheless, the officers of the Environmental Police Unit, in keeping with their duties under section 45 of the Police Service Act, the reasonable exercise of their discretion, and in all the circumstances of the case, could have turned off the music at the event to abate the crime of public nuisance created by Wild Goose.