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Lothan Cousins, Opposition Spokesperson on Land and Works
By Kimone Witter
Opposition Spokesperson on Land and Works, Lothan Cousins wants the immediate public disclosure of the court order relied upon in the last week's pre-dawn demolition exercise in Coopers Pen, Trelawny.
Mr. Cousins has warned that if the order had expired without a lawful extension, the state faces serious exposure to damages claims.
He pointed to a Civil Procedure Rule, which requires express permission from the court before a writ of execution can be issued if six or more years have elapsed since the underlying judgment.
Mr. Cousins also stressed that the Court of Appeal rulings relating to Coopers Pen, restrict the Order to the 99 identifiable residents originally linked to the litigation.
"That order is not a blank cheque. Removing and demolishing homes belonging to anyone outside those 99 named parties without a fresh, lawful court order is illegal. And that is plain and simple. If the bailiff and the police enforced an expired order, the state is liable, and affected residents can and should claim damages because the act was unlawful. I am calling on the bailiff and the state authorities to produce this order now. And every resident displaced outside of those 99 named parties, please seek independent legal counsel immediately," he urged.
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