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Some shanty town homes in judicial review 39not constructed in compliance with the law39

Fri, May 21st 2021, 09:35 PM
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SEVERAL of the homes occupied by the shanty town residents involved in a judicial review centred on the demolition of their communities were not constructed in compliance with the law and do not meet the standards outlined in the Building Regulations Act, according to Crown Attorney Kayla Green-Smith.

Mrs Smith made the comments as she continued her submissions before Supreme Court Justice Cheryl Grant-Thompson, defending the government’s plans to destroy the unregulated communities throughout the country.
#During Friday’s proceedings, she contended the affidavits of former chief building control officer Craig Delancy “refuted” the evidence produced by the applicants which she argued did not give the judge a fair impression of the state of the structures in the communities.
#Mrs Green-Smith noted that the court documents filed on Mr Delancy’s behalf highlighted several discrepancies in one of the affidavits filed by Callenders & Co on behalf of the 177 residents and shanty town occupants involved in the case.
#“At paragraph 28 of the affidavit of Wislande Geffrard filed on August 10, 2019, it is stated that the sample of facts set out in her affidavit would give the court what she believed to be a fair impression of the circumstances of many of the individual residents in the shanty towns,” Mr Delancy’s affidavit read.
#“I do not agree with this statement and in fact, the said affidavit is not accurate and does not give a fair impression to the court of the circumstances of the buildings themselves. In fact, the affidavit is skewed with regard to the buildings and their code worthiness”.
#Mrs Smith said Mr Delancy spoke about a couple residing in Cowpen Road who claimed that they applied for a permit for their 700-square foot home, despite the fact that a search of the Building Control Division of the Ministry of Works revealed no evidence of them making an application for a permit in 2012 “or at any time going forward”.
#“Since the division has no record of the permit application of (the individuals) and they have not produced this said building plan, or a permit, or a copy of a permit issued by the division, they are in violation of the BRA rules and code,” he explained.
#Mr Delancy also said Ms Geffrard’s affidavit listed several building elements that gave the impression that the pair’s dwelling house was code worthy. Still, he stated the building they resided in had not been inspected.

Mrs Smith made the comments as she continued her submissions before Supreme Court Justice Cheryl Grant-Thompson, defending the government’s plans to destroy the unregulated communities throughout the country.

During Friday’s proceedings, she contended the affidavits of former chief building control officer Craig Delancy “refuted” the evidence produced by the applicants which she argued did not give the judge a fair impression of the state of the structures in the communities.

Mrs Green-Smith noted that the court documents filed on Mr Delancy’s behalf highlighted several discrepancies in one of the affidavits filed by Callenders & Co on behalf of the 177 residents and shanty town occupants involved in the case.

“At paragraph 28 of the affidavit of Wislande Geffrard filed on August 10, 2019, it is stated that the sample of facts set out in her affidavit would give the court what she believed to be a fair impression of the circumstances of many of the individual residents in the shanty towns,” Mr Delancy’s affidavit read.

“I do not agree with this statement and in fact, the said affidavit is not accurate and does not give a fair impression to the court of the circumstances of the buildings themselves. In fact, the affidavit is skewed with regard to the buildings and their code worthiness”.

Mrs Smith said Mr Delancy spoke about a couple residing in Cowpen Road who claimed that they applied for a permit for their 700-square foot home, despite the fact that a search of the Building Control Division of the Ministry of Works revealed no evidence of them making an application for a permit in 2012 “or at any time going forward”.

“Since the division has no record of the permit application of (the individuals) and they have not produced this said building plan, or a permit, or a copy of a permit issued by the division, they are in violation of the BRA rules and code,” he explained.

Mr Delancy also said Ms Geffrard’s affidavit listed several building elements that gave the impression that the pair’s dwelling house was code worthy. Still, he stated the building they resided in had not been inspected.

 

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