Contributed
Let me make one thing absolutely clear: I do not support squatting or the unlawful occupation of anybody's land. Property owners have rights, and where a court has lawfully determined that persons have no right to occupy land, that decision should be respected.
But there is another question Jamaicans should be asking about the reported demolition of houses in Coopers Pen, Trelawny:
Was the law itself followed when the court's order was enforced?
It has been reported that the operation began at approximately 3:00 a.m., with a bailiff and members of the police present. If that reported time is accurate, it raises a serious legal question that deserves an answer.
Under Jamaica's Judicature (Resident Magistrates) Act, the provisions dealing with warrants of possession state that a warrant authorizes a bailiff to enter the premises with whatever assistants are considered necessary and give possession accordingly. But the law goes on to place an express limitation on the time of entry:
No entry under such a warrant shall be made except between 8:00 in the morning and 4:00 in the afternoon.
So the question is straightforward:
If a bailiff was executing a warrant of possession at Coopers Pen at 3:00 a.m., under what legal authority was that done?
The presence of the police does not, on its face, answer that question. The same provision already contemplates a bailiff entering with assistants while expressly restricting the hours during which entry under the warrant may occur.
This is not about defending squatting.
It is about defending the rule of law.
If citizens are expected to obey court orders, then those entrusted with enforcing court orders must also comply with the law governing their execution.
Perhaps there was some other court order, statutory authority or legal provision that permitted a 3:00 a.m. operation. If so, the authorities should identify it and put the matter to rest.
But if this was an ordinary warrant of possession governed by the statutory restriction on entry, then Jamaicans are entitled to ask:
Was the Coopers Pen demolition carried out illegally because it was executed at 3:00 a.m.?
And if the answer is yes, who authorized it, why did the police participate, and what accountability will follow?
Supporting property rights and opposing squatting should never require us to turn a blind eye to whether the State itself followed the law.
The court order may have been lawful. The removal of the occupants may have been lawful. But was the manner and time in which that order was executed lawful?
That is the question that deserves a clear answer.
Contributed by Anthony Fisher
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| Anthony Fisher |
Anthony Fisher attended Frome Technical High and Illinois State University. He has a BSc in Mass Media. A former videographer at the Jamaica Information Service, he is now a multimedia communication specialist at the University of Illinois.
Anthony is a member of the diaspora who continues to show keen interest in Jamaica. We appreciate members of the diaspora supporting Bark Di Trute.
