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Negligence, blunder, breaches
published: Tuesday | October 7, 2003

By Roy Sanford and Adrian Frater, Staff Reporters

WESTERN BUREAU:

GROSS NEGLIGENCE, impropriety on the part of council officials and clear breaches of the law were some of the major findings of the investigation by the St. James Parish Council into the Bogue lands controversy.

The council which was dominated by the People's National Party (PNP) prior to the June 19 Local Government elections, was accused of trying to lease/sell the land at rates cheaper than its true value, especially the section occupied by a former PNP councillor.

The findings were announced yesterday at a press conference at the Parish Council building in Montego Bay, St. James.

"We are concerned because we don't believe that 10.5 acres of land should be allowed to be given to people in society who should know better," said Montego Bay's Mayor, Councillor Noel Donaldson, in outlining the reasons behind the probe. "We have an obligation to tell the people what we have found."

Jamaica Labour Party Councillor Charles Sinclair, who was appointed to conduct the investigations on behalf of the council, reported that lots were distributed contrary to section 112 of the Parish Council Act, which states that 'No Parish Council property should be sold without the sanction of the Minister'.

NO OFFICIAL PERMISSION

"Despite the fact that no approval was ever obtained, persons have openly and without any apparent hindrance entered upon the property," said Councillor Sinclair. "The file does not indicate any official permission having been given by the St. James Parish Council for anyone to enter upon the property."

Said Sinclair: "This is most strange. The secretary/manager, supported by the previous council, purported to lease at a maximum figure of $250,000 when the Commissioner of Lands, in a letter dated November 4,1993, identified the value of these lands as having a rental value of $375,000."

Councillor Sinclair, who spoke of a lack of support from secretary/manager Christopher Powell and Superintendent of Roads and Works Tubal Brown in his probe, said one squatter told him that he had paid money to the now-deceased PNP activist Bernard 'Red Man' Chang, to gain access to the land.

In regards to the structures erected on the lands, Councillor Sinclair said there was also a breach of the Town and Country Planning Act as none of the buildings had building permits. He noted that no stop orders or enforcement notices were served on the developers by the council, which is a legal requirement when buildings are being erected illegally.

POSSIBLE RECOMMENDATIONS

In looking at possible recommendations to window the situation, Councillor Sinclair outlined options such as removing the squatters by court action or selling them the property at market value. He also recommended that action be taken against officers of the Parish Council for "negligence and dereliction of duty."

Mayor Donaldson, who said the council would support the probe ordered by Minister of Local Government Portia Simpson Miller, said Councillor Sinclair's findings would be taken to the council, where a determination would be made as to what course of action to take in regards to the future of the property.

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