Residents affected by demolition in Bernard Lodge have viable case against gov't - attorney

 

Attorney-at-law Charles A. Ganga Singh has suggested that residents affected by last week's demolition of houses on the outskirts of Clifton in Bernard Lodge, St. Catherine have a viable case in bringing legal proceedings against the government.

 

Mr. Ganga Singh said the notices issued to the residents to vacate the property are not sufficient, and instead, a court order should have been sought.

 

The opposition People's National Party has said it will be assisting the residents with legal fees.

 

Speaking Monday on the Morning Agenda on Power 106, Mr. Ganga Singh said the correct procedure was not followed by the owner of the property, Sugar Company of Jamaica (SCJ) Holdings. 

 

Even if the entity had given the residents notice, he argued that the notice should have been a warning that SCJ Holdings would take them to court to get an order to remove them from the land. But it was not "proper procedure", he said, for the company to simply demolish the structures. 

 

"The proper procedure is that you still need the court to sanction what you're doing. That's why the court is there," he maintained. 

 

The attorney also argued that the residents whose structures were destroyed  should be compensated, regardless of how the land spaces were acquired. 

 

"It's basic. If you go back to the root of it, regardless of how those persons acquired the property, whether dishonestly or otherwise, or in their attempt to get adverse possession, or were tricked by a person, the bottom line is that they were in possession of their various places of abode," he suggested, insisting SCJ Holdings decided to "ignore and disrespect" the judiciary when it destroyed the residents' properties. 

 

Another attorney, Neco Pagon, has said the legal recourse of affected residents will be dependent on whether the government engaged the correct process.

 

Mr. Pagon, who was speaking on TVJ's Smile Jamaica programme on Monday, said SCJ Holdings could have met with the residents prior to taking strong action. 

 

He said the meeting could have taken the form of a town hall or a public education campaign outlining the company's intention. 

 

Mr. Pagon also suggested that non-governmental organisations like Food for the Poor might have "stepped in to assist persons who would not otherwise be able to... justify their reason for remaining on the property".

 

About 10 structures on the outskirts of the Clifton community were demolished last Thursday.