Squatters warn of bloody ‘civil war’ ahead

The Court of Appeal has cleared the way for the eviction of several squatters and the demolition of residential and commercial buildings constructed on a contentious 850-acre seafront parcel of land in Little Bay and Brighton, Westmoreland.

In a judgment handed down on July 24, the court dismissed the squatters’ application for a stay of execution of the writs of possession as well as any appeal of the judgment.

Justice Marva McDonald Bishop delivered the ruling on behalf of the three-judge panel which heard the application.

The decision means that the named defendants and others who occupied the two adjoining properties by opportunity will be evicted as was ordered by the courts five years ago.

However, the Government-run Little Bay Primary and Infant School will not be disturbed, as attorney-at-law Alimi Banjoko said that it is not the intention of his client, property owner American Kathleen Eugster, to disrupt the operations of the educational institution.

Also remaining on the table is a 20-acre gift to the Government for the resettlement of the squatters, but up to last Thursday, there had been no communication from the Government on the offer.

Banjoko told The Sunday Gleaner that his client is determined to take possession of the properties in the next six months.

“Lease arrangements are being considered for a church on the property, so that building will not be demolished. The school will not be disturbed, and the 20 acres offered as a gift is still on the table for resettlement. However, the Government will have to put in the required infrastructure such as roads, water and electricity. It is an offer my client intends to keep,” said the attorney.

“Essentially, the court has ended all legal challenges to my client’s taking possession of the property. I must also tell you that up to two weeks ago, no one filed adverse possession (squatters rights) on the property. Not a single person, despite all the chatter,” Banjoko said on Thursday.

The law firm Daly, Thwaites and Company represented some of the squatters, including long-standing occupier Jess Beach.

On July 11, the company wrote to Banjoko apprising him of court action. The court processes included the Beach’s affidavit as she sought an order from the court to extend time in which to file an appeal. There was also an affidavit of urgency by attorney-at-law Ronald Thwaites in support of the application for extension of time to file; as well as an application and notice of application for court orders to extend the time in which to file appeal.

Those efforts have now been thwarted by the court ruling.

Jess is one of 27 persons against whom eviction orders were granted. Some of the other residents are deceased, while other have moved.

BLOODY STRUGGLE

With at least two murders linked to the decades-long land dispute, there are fears that more blood could be shed in the repossession process.

Three days after the ruling, a letter from a Gary Dwyer, who said he was acting on behalf of Jess, as president of the Little Bay and Brighton Citizens’ Association, sought a meeting with Banjoko.

The letter, which was seen by The Sunday Gleaner, said the residents were interested in purchasing the swathes they now occupy. Dwyer said that the residents were not interested in any further bloodshed, adding that there was plenty oceanfront to share.

On Friday, Dwyer told The Sunday Gleaner that he has assumed the role of a mediator for the community as the propensity for bloodshed is very real.

“The people are not looking for free lands, and since the property is up for sale, they are seeking to buy. But there is a set of persons who are determined to shed blood. I am not one of them, only for Jesus Christ. So what we want is a discussion on the way forward that is beneficial to all concerned,” he said.

“The reality is, if they try to come down here with any type of force, it is going to be a Jamaican civil war because there is an element down here that is hell-bent on that,” Dwyer added.

He pointed out that many residents have been living on the property for decades, many of whom have marked out their burial spots.

“This is 2023, we must be able to talk about it,” he added.

Dwyer said that more than 200 acres are now occupied by residents, who are operating various businesses. He opined that no investor will want to purchase a property with 2,000 squatters.

One of the prospective developers told The Sunday Gleaner that a US$8-billion project is envisioned, but more realistically, an investment of between US$3 billion and U$5 billion will be made. The idea is to undertake an ultra-luxury development.

DECADES-LONG BATTLE

The dispute over the property spans more than two decades.

Eugster’s husband, John, was murdered there in 2004 after trying to reclaim the lands.

Kathleen Eugster then returned to the United States with her young children and has since kept up the fight for possession from abroad.

During meetings with two senior Cabinet ministers in 2018, Eugster said that it was her understanding that the Government was examining the possibility of purchasing 50 acres for resettlement of the squatters. The proposed acreage was later reduced to 20, but no word has been heard since.

The silence, she said, has not only added to her frustration, but also to that of a group of potential investors.

In November 2021, she wrote to Prime Minister Andrew Holness, seeking clarity on the Government’s position. The letter was received at Jamaica House on November 26, 2021 at 10:51 a.m., according to a FedEx receipt.

“Of special concern is whether the Government is able, willing, and ready to relocate the squatters ... ,” Eugster noted in the missive, a copy of which was seen by The Sunday Gleaner.

“In 2018, the court granted an order of possession. However, we were approached by ministers [Horace] Chang and [Karl] Samuda to stay the execution of the writ of possession to allow your Government to relocate the squatters. Since then, very little has been done beyond site surveys and related analyses. I am hesitant to say that I am not getting any meaningful response or engagement from the current minister, the Honourable Pearnel Charles, Jr … ,” she said. Charles was then the housing minister.

She reminded the prime minister that in 2014, the Supreme Court rejected claims by some of the occupants, who were tenants of the property owner before the Eugsters. The court found that their claims were “unsound” and that “they had no legitimate claim to any portion of the land”. It also ordered them to leave the properties.

Banjoko said that a decade ago, the property was valued at US$55 million (J$8.5 billion) when compared to similar properties in St Ann and St Thomas.

“The value has increased significantly since,” said the lawyer.

Dwyer said, however, that it was the investments by the squatters that have increased the property value.

Nearly one million Jamaicans are said to be illegally occupying lands they do not own.

erica.virtue@gleanerjm.com