Rodrigues Trucking, the company which had two industrial machines confiscated two weeks ago by the Department of Environmental Protection, are to take their fight back to the Supreme Court armed with a brand new attorney.

In a heated clash with Police at the company?s base in Devonshire on Friday, April 15, three men ? including owner Paul Rodrigues ? were arrested for obstructing the removal of a large rock crusher and sand sifter as well as resisting arrest.

Officials from Environmental Protection, including Director Dr. Thomas Sleeter, said at the time they were enforcing a stop order on the machinery issued by the Minister of the Environment Neletha Butterfield, claiming the company had been operating the equipment without a permit.

But the company?s new lawyer Mark Pettingill told that officials had acted illegally, in that they were not in possession of an enforcement order issued by the Supreme Court ? a requirement for legitimate property confiscation made plain in the Clean Air Act and the Bermuda Constitution, he claimed.

Mr. Pettingill also said the machines themselves are actually owned by a separate company, Airmed Limited, who received a permit to use the equipment on March 9 this year, which is valid until January, 2006.

The Ministry is expected to contest this, however, on the basis that the two companies are arguably not as separate as they might at first appear.

?You cannot under the law go along and take somebody?s possessions merely on the basis of a stop order,? Mr. Pettingill argued. ?This exact same thing happened with the gaming machines and the authorities got themselves into trouble as a result.

?The fact is that the Department (of Environmental Protection) jumped the gun and didn?t properly consult their attorneys ? and what?s worse is that they sucked the Police in as well.

?I know for a fact that the Attorney General?s chambers told them that they have opened up a whole can of worms as a result of their actions and we look forward to the opportunity to make our case.?

Dr. Sleeter did not return phone calls from , so the Government?s full position on the issue is not yet clear. A Supreme Court hearing is expected to take place shortly.