CEASE AND DESIST: Judge delivers damning ruling on govt’s shanty town demolition actions

DEMOLITION work taking place recently in The Farm shanty town in Abaco - but a court injunction has now been extended to cover the island and bring a halt to shanty town clearances there.

As of Tuesday, June 8, 2021

By LEANDRA ROLLE

Tribune Staff Reporter

lrolle@tribunemedia.net

THE government was banned yesterday from further demolishing shanty town structures across Abaco after a Supreme Court judge rejected its bid to have the island’s shanty towns removed as beneficiaries of a standing injunction centred on demolition of unregulated communities.

In her ruling yesterday, Supreme Court Justice Cheryl Grant-Thompson ordered that her standing injunction, which prohibits the government from evicting shanty town residents and disconnecting services in their communities, be extended to include all unregulated communities in Abaco.

She also ordered the government to “cease and desist” from “any further interference” with the respective communities until the outcome of the pending judicial review and also admonished officials for moving to demolish the structures without first getting approval from the court.

Her ruling came weeks after the government launched a joint sting operation on the remaining shanty towns in Abaco and began demolishing newly built structures. Many of the unregulated communities on the island were destroyed by Hurricane Dorian and later cleared by the government in the aftermath of the storm.

Yesterday, Justice Grant-Thompson said the decision to clear and remove shanty town homes after the storm casts the allusion of an “act first” and “ask questions later” policy, again reiterating that the court should have been consulted beforehand.

The government has contended that many of the homes demolished were in contravention of the law, a point the opposing side has refuted. The attorneys representing the shanty town residents and non-profit group Respect our Homes Ltd in the judicial proceedings have argued that many of the structures removed were capable of being repaired and were not in breach of any law.

Yesterday, Justice Grant-Thompson said in any event, if the government seeks to demolish homes found in contravention of the law, officials must get permission from the court moving forward. This, she added, will ensure fairness to the process until the matter has been concluded.

“The Injunction now fully covers Abaco,” she said. “This simply means that prior to any further demolition taking place on the island of Abaco, evidence that the homes selected for demolition are in fact in breach of the law should first be presented to and approved by the court. This order of the court is to take immediate effect.”

In 2018, the Supreme Court granted an injunction protecting shanty town homes in New Providence as well as in Abaco “as is occupied by specific applicants” from destruction pending an outcome of a judicial review over the matter.

However, after Hurricane Dorian hit Abaco in 2019, the government sought to have the 2018 injunction varied to exclude Abaco shanty towns and their residents, insisting they no longer needed to be protected as the communities were virtually wiped out by the storm.

The move was not supported by attorneys representing the applicants for the judicial review, however, who argued against it and subsequently asked the court to consider extending the injunction to include all shanty towns across the country, including Abaco “in its entirety”.

Fred Smith, QC—the lead counsel—Martin Lundy II and others represent the applicants in the matter.

In March, the group then filed an urgent appeal asking the courts to vary the injunction as they feared it was a “real possibility” the government would destroy or seize the homes of applicants in Abaco before the proceedings were heard and adjudicated upon.

Delivering her ruling in relation to the aforementioned matters, Justice Grant-Thompson denied the government’s request to exclude Abaco from the injunction, making the case that even if one home had been left standing, the injunction would still prevail.

She also rejected the applicants’ bid to have the injunction extended to include all shanty towns across The Bahamas.

However, she added: “The alternative request of the applicants to extend the injunction to cover the island of Abaco in its entirety is granted. In making this decision, it is important to note that based on the state of the substantive proceedings which are in its final stages, the court does not anticipate that this extension will be in existence for more than three months.”

The Supreme Court judge went on to chastise the government for moving to eradicate structures in the communities in the aftermath of Dorian without seeking to get permission from the court.

Justice Grant-Thompson said while the government has a right to demolish or clear down homes in violation of the law, evidence must still be presented to the court before action is taken to ensure that they are not breaching the current injunction.

She said: “Hurricane Dorian appeared to have provided the impetus to eradicate structures without undue concern for the nature of the claim, if any, by the applicants and with no apparent or real consideration for whether the land belonged to Bahamians, persons with legal rights to the land, persons in adverse possession, or persons with rights arising under the Constitution.

“Dorian, in the view of the court, was used as a shield to remove structures with no reference to the court,” she continued. “…It is important to note that the injunction ordered by this court was in place prior to both Hurricane Dorian and the enactment of the Disaster Reconstruction Authority Act (2019). Prior to any demolition on the island of Abaco directly related to the Disaster Reconstruction Authority Act in the areas commonly referred to as ‘shanty towns’, the court should have been included to ensure the actions taken were not in violation of the Injunction.”

Last week, Works Minister Desmond Bannister told reporters his ministry spearheaded the demolition of over 40 structures on Abaco, with more targeted for demolition in the weeks ahead.

However, yesterday’s ruling will put a wrench in the government’s demolition plans on the island.

Asked to respond to the Supreme Court ruling, Attorney General Carl Bethel told The Tribune the government planned to appeal the interlocutory order.

“The order is being appealed on the basis of urgency,” Mr Bethel said yesterday. “As it is an interlocutory appeal, we will first have to apply to the judge for leave to appeal. If she refuses, we can then go to the Court of Appeal and if she grants leave. We can go to the Court of Appeal.”

bahamianson 2 years, 11 months ago

let's give Abaco to illegal immigrants. all illegals coming here can stay on Abaco.

jujutreeclub 2 years, 11 months ago

I going out west and grab 10 acres and start building flat on the ground with all the old lumber and pallets hanging around Nassau. I then ga buy a generator and hook it up, dig a hole in the ground and do # 1 and # 2, I ga then find a W & S water pipe running along the road and tap into that. I ga get some chickens and let them run around, setup a numbers house, bank, clinic and food store I then dare the courts to have me removed from there.

Emilio26 2 years, 10 months ago

jujutreeclub just keep inimd that most of the land out in western New Providence is privately owned especially in the areas of Westridge, Skyline Drive, Orange Hill, Lyford Cay etc. So trying to squat on land out west is going to be hassle because the rich folks would raise hell for their property.

jujutreeclub 2 years, 11 months ago

The last real bahamian leaving, please bring the

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Sickened 2 years, 11 months ago

I wonder if the court would accept an affidavit from the Ministry of Works saying that there were no building permits approved or occupancy certificates issued for a particular building? Based on this foolishness it looks like even then the court would need the government to somehow prove that something that doesn't exist truly doesn't exist - even when the occupant cannot prove that it does exist. Crazy times in our country. The free for all is about to start.

tribanon 2 years, 11 months ago

I am not the least bit surprised by this ruling. Cheryl Grant-Thompson should never have been made a justice of the supreme court and this latest ruling of hers speaks loudly to her belief that our elected officials must deal with urgent matters on the slow boat to China timetable that she sets for them. The ruling is an outright affront to all right minded Bahamians who appreciate both the urgency of this fast growing explosive shantytown crisis and the need to stop selective enforcement of our country's laws.

If Chery Grant-Thompson truly believes (as she likely does) that the interests of law abiding Bahamians are secondary to the interests of these shantytown lawbreakers, then she should do us all a favour and remove herself from the list of supreme court justices. And there are some who believe both Minnis and Bethel have all along known that she could be relied on to provide the political cover for them to look tough to voters in dealing with the shantytown crisis, but remain soft in dealing with the illegal immigration hot political potato.

stislez 2 years, 11 months ago

This is crazy. I taking crown land na!

birdiestrachan 2 years, 11 months ago

how many homes were demolished? Just wait until the judge awards every homeowner a million or more that will be coming soon.

tribanon 2 years, 10 months ago

Don't put it past Cheryl Grant-Thompson to try do just what you say even though she would be left wanting for a reasonable explanation of her inordinate delay in ruling on such an obviously urgent matter in the first place.

Sickened 2 years, 11 months ago

WARNING!!! All staff at Ministry of Works and Town Planning - Your services are no longer required. Please leave your Identification, Security Cards and Keys with security on the way out.

Signed: Clerk of Clown Court

tribanon 2 years, 10 months ago

Bingo!

Emilio26 2 years, 10 months ago

Sickened in case you didn't know those government employees that work for Town Planning and Building Control are also corrupt.

TalRussell 2 years, 10 months ago

And, this same bunch kept shouting and saying about that other who disobeyed the judge's orders. Jail him Comrade Peter Nygard! Jail him Comrade Peter Nygard. Such disobeying the court hypocrisy, yes.

realitycheck242 2 years, 10 months ago

Cheryl Grant-Thompson s is siding with Brave Davis with this decision, She is showing her true PLP colors. She needs to turn in her resignation for playing politics with the Bahamas future and helping to speeding up the day we become a failed state like Haiti...smt

tribanon 2 years, 10 months ago

Amen! I'm fully in agreement with your sentiments.

TalRussell 2 years, 10 months ago

Our more learned than is QC Carli Wilshire, the highly trusted Comrade Sister Cheri may have just sabotaged plans to convert acres of Abaco lands that the reds had earmarked for yet another privatisation project, yes?

jamesg30 2 years, 10 months ago

So the court says, "Let's evaluate what the hell we are doing, in tearing down these homes before we continue" and that makes them traitors in giving away our forsaken country and land to these "work for $60 a day" invaders. How many industrious Bahamians are building structurers on Abaco that are vulnerable to these "rip off the roof and make the kids and family scatter like roaches" approach to unlawful structure construction? Not many and please tell me it is because we Bahamian's are strict followers of the rule of law when it comes to squatting and building where ever we choose, especially on our out islands. Nonsense. I love all the "playing politics" noise from the posters, when it is nothing more than taking a break from being completely evil, unchristian like citizens related to how we treat these people. Like they just showed up yesterday and we need to solve this invasion by destroying their shelters in the next month to solve this complicated problem. Simpletons always love to jump on simplistic solutions. Oh, and we are a country of Jesus right? Wrong. Hypocrites everywhere. Usually in the front pew.

TalRussell 2 years, 10 months ago

@Comrade James, I take it you were more comfortable when the biggest realtor of the day with offices situated on Bay Street, was strikin' land deals with Sir Harry Oakes, EP Taylor, and Hunnington Hartford to be squattin' on, yes?

jamesg30 2 years, 10 months ago

Tal, your point being? Please expand. I am not comfortable with anyone breaking the law, but poor Haitians are certainly the target these days. I think E.P. could handle all kinds of challenges with his mining, brewing, and other diversified businesses and the vast wealth they provided him. I am missing your point? We are talking about 60 years ago with fat wallet investors coming into our country and splashing their money around in high end developments. I am missing the point you are making to poor, desperate, immigrants, who don't have a pot to "sit on".

TalRussell 2 years, 10 months ago

What/where is the evidentiary that it's the Haitians who are building structures on shantytown lands - when not even, crown minister Desmond, has said such, yes?

jamesg30 2 years, 10 months ago

Because, without any further information, I can only assume that it is the same governmental sanctioned and funded destruction of Haitian shanty towns. Why would I think it is anything other than the planned and efficiently executed government funded destruction of Haitian homes? Our cabinet members gloat about they have no remorse for doing so all around the country. Have I been reading something different in the news about Haitians being targeted? I guess I am very confused and highly presumptive.

TalRussell 2 years, 10 months ago

Our cabinet members at large - compete amongst themselves for having the most no remorse for doing all they've negatively done to Abacoians at large... so much so that one Abaco MP, has done bailed-out on Abacoians, leaving the other - runnin' scared shi# his own shadow, yes?

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