The Tribune

By PAVEL BAILEY

Tribune Court Reporter

pbailey@tribunemedia.net

THE possible demolition of shanty town homes by the government is “unlawful”, a Supreme Court Chief Justice was told yesterday by the legal team representing residents. 

Arguments were heard before Supreme Court Chief Justice yesterday as residents lodged their case against the pending demolition of their homes. Meanwhile, the government’s attorney pushed for a court order to proceed with the demolition process. 

Justice Ian Winder heard arguments from Fred Smith, KC, who represents shanty town residents, and Kayla Green-Smith, the government’s representative. 

The move comes after the removal of an injunction barring demolition earlier this year. Justice Cheryl Grant-Thompson ruled in favour of the government in a case she called “a matter of national importance”. 

In the latest hearing, Mr Smith argued before the Chief Justice that the injunction covered more than the applicants and suggested that it applied to all residents of shanty towns. He further said the object of the injunction was to maintain the status quo.

Mr Smith argued that the government had used the recent ruling by Justice Grant-Thompson as a “shortcut” - so that responsibility for any demolition lay with the court rather than government ministers.

He said the government could have properly served notice to the persons facing eviction and found out their names rather than saying “persons unknown” to sidestep court and fast-track demolitions. Mr Smith called the actions taken so far in this matter “unlawful”.

One shanty town resident, Leslie Smith, said a notice was placed on his door - but that he had complied with orders by the government to upgrade the property in 2017.

 In response, Mrs Green-Smith said Craig Delancey, the building control officer in the Ministry of Public Works, was within his rights to serve notices while in the execution of his duties.

 She said the new application by residents was in breach of the court order. Mrs Green-Smith also said the dismissed injunction carries on to anyone who lived on land whether they came before or after the injunction was in place. As a result, she said, people in the future may be held in breach.

 She added that the building control officer would continue to execute his duties and asked the court to grant an order that the applicants’ premises be demolished.

Chief Justice Winder informed the handful of applicants gathered in court that they could lodge their complaints to Mr Delancey at the Ministry of Works at 3pm yesterday. The Justice then adjourned these matters until April 13 to hear continued arguments from both sides.