Second Tucker’s Town cemetery report expected
The Ombudsman is “more likely than not” to issue a special report on the Government’s reaction to a finding that it failed to protect a historic cemetery at Tucker’s Town.
Victoria Pearman told The Royal Gazette that the Department of Planning had replied to her predecessor Arlene Brock’s highly critical report regarding the desecration of tombstones at Marsden Methodist Memorial Cemetery.
Ms Pearman said she was still considering the response and could not share it at this stage but added: “I can tell you that it’s more likely than not that it may end in a special report.”
Such reports are typically presented to Parliament by the Ombudsman when she considers that a government department has not taken adequate action to remedy a finding of fault by her office.
Ms Brock’s report on Marsden Cemetery — titled ‘A Grave Error’ and released in January — found that Planning was guilty of maladministration for not carrying out an earlier recommendation of hers to give the graveyard, already designated a historic protection area, extra protection as a historic building.
Ms Brock said the evidence was clear that the tombstones would not have been destroyed by cemetery custodians Marsden First United Methodist Church and Rosewood Tucker’s Point hotel in October 2012, on the recommendation of archaeologist Edward Harris, had Planning taken the action she advised.
The Department rejected her conclusion, stating that there was “no cause or connection between the task of reviewing the cemetery for possible listing and the devastating event that unfolded in October 2012, which involved the destruction of headstones and partial dismantling of the perimeter wall of the cemetery”.
Ms Pearman said she wanted to thoroughly review ‘A Grave Error’ and the Government’s position before deciding on her next course of action. She said she did not know if Ms Brock’s report would be debated by MPs, as that decision was beyond the remit of her office.
The graves at Tucker’s Point, which lie beneath the hotel’s golf course, are the final resting place of an unknown number of mostly black residents who lived at Tucker’s Town from the early 19th century, around the time of Emancipation, onwards.
When the community was forced out to make way for a hotel in 1920, some of those evicted resettled at Devil’s Hole and relocated Marsden Church there. The cemetery eventually fell into disrepair but was rededicated in 1996 by Marsden Church and renamed the Marsden Methodist Memorial Cemetery.
The recommendations in ‘A Grave Error’ include that the Development Applications Board approve the erection of a temporary barrier to prevent golf balls raining down from the practice tee onto the graves; that Government, Dr Harris, Tucker’s Point and Marsden Church jointly bear the costs of reconstructing the desecrated tombs; and that Planning review its policies for ensuring the preservation of heritage.
A Department of Planning spokeswoman said: “A response has been submitted from the Ministry of Home Affairs to the Ombudsman on this issue, in which the Ministry sought to clarify its position with respect to the Ombudsman’s recommendations.
“One of the primary missions at the Department of Planning is to responsibly serve the people of Bermuda to ensure the sustainable management of the natural and built environment.
“Recognising that eight of Bermuda’s historic cemeteries were not properly zoned, it was a conscious decision to ensure these cemeteries, including the Tucker’s Town cemetery, were designated as Historic Protection Areas under the Bermuda Plan 2008.
“The Ombudsman had recommended the cemetery be a ‘listed building’ as well. However, after reviewing the Tucker’s Town cemetery last year, the Historic Buildings Advisory Committee determined that the Minister may want to consider a designation known as Grade HM (Historic Monument). In its professional opinion, that would be more appropriate.”
She added: “The Minister is aware of the recommendation. The listing process is in the Development and Planning Act at section 30.”
She did not respond to a further question on whether the Minister was considering designating the cemetery as a historic monument.
Other structures with the Grade HM designation include Meyer Mausoleum in the Secretary Road Cemetery in St George’s, the Dockyard Wall and the Town of St George gate posts.
The community should lead the way in creating a suitable memorial for those buried at Tucker’s Town, according to new Ombudsman Victoria Pearman.
The independent watchdog said that though she organised a meeting last month for stakeholders of Marsden Memorial Methodist Cemetery, her role was now a “diminishing” one.
“What I did say [at the meeting] was that as far as I was concerned, I didn’t think it was for the Ombudsman’s office to be involved in what happened next,” said Ms Pearman. “I don’t feel at this stage it’s for the Ombudsman to be directing.”
Her predecessor Arlene Brock recommended in a report released in January that the cemetery should be restored and that nine tombstones destroyed there in October 2012 should be reconstructed.
The cemetery contains the graves of an unknown number of mostly black residents who lived at Tucker’s Town prior to 1920, when the community was forced out to make way for a hotel.
Ms Brock suggested that the restoration should be completed by stakeholders in time for the 100th anniversary of the compulsory acquisition of the land, in 2020.
Ms Pearman admitted that no firm plans were forged at the initial meeting on July 3 at Bermuda College and that there was “much emotion” from some stakeholders.
But she said she was hopeful that those involved — including Tucker’s Town Historical Society and cemetery custodians Marsden First United Methodist Church — could work together to properly memorialise the cemetery.
“Unless they agree some first steps, I am a little bit concerned that it won’t get started,” said Ms Pearman. “I think that what [Ms Brock] says in the report is that this should be a community project.
“This should be something that the community moves on, as opposed to something that Government decides. It’s our community and there are lots of people with lots of views on it and it would be good if it came birthed from the community.
“First of all, I think that there should be some common ground that can be found. The different groups may not agree on everything but there must be some part of this that they can agree on. I think the aim should be to try and start there.”
A source told this newspaper that some at the meeting disagreed with Ms Brock’s choice of facilitators: Janet Ferguson and Glenn Fubler.
Ms Pearman said: “It clearly was the case that if you are going to have any type of meeting such as this you need somebody to facilitate it.
“It certainly wasn’t proposed that these two would be shoved down anybody’s throat. It made good sense to me that they should attend. It doesn’t have to be the facilitators that were recommended by Ms Brock but the group itself may start there and say ‘yes, it would be helpful for us to progress this through some facilitation’.
“In anything like this, until you are actually in it, you are not really realising the amount of time that it might take to make any amount of progress. I did make clear that the role of the Ombudsman was a diminishing role. My role was to bring them together.”
Dr Ferguson said she was unable to comment on her involvement. “One of the key competencies of effective facilitation is the maintenance of confidentiality. My respect for all who are involved, my commitment to my own professional code of conduct and the absence of expressed permission from the group make it impossible for me to comment.”
