Gov't seeks to quash injunction
injunction by a Mill Creek squatter.
Director of the Department of Agriculture, Fisheries and Parks Mr. John Barnes claims the manner in which the injunction was filed constituted "a breach of natural justice'' and was "defective in form''.
On Wednesday, as bulldozers were poised to flatten the shack of Mr. William Bascome, who claims squatter's rights to the Pembroke property bordering Controversy Lane where he has lived for almost 30 years, his lawyer Mr. Julian Hall requested proceedings be halted.
An injunction was served on Government later in the day barring them from entering the two-acre property.
The court order has temporarily stayed Government plans to convert the land overlooking Mill Creek into an eight-acre park.
But Government contends it has clear title to the land since the British Admiralty ceded the property to Government in 1954. A further three acres was purchased from the adjoining Chiappa Estate in 1983.
Mr. Barnes said lawyers from the Attorney General's Chambers were denied a chance to oppose the injunction on Wednesday when Mr. Hall failed to inform the presiding judge of their presence in another courtroom.
"As a result the Minister of the Environment was denied a hearing when Mr.
Bascome had his injunction granted at the Supreme court,'' he said.
Furthermore, he said, Mr. Bascome had four-year's notice of Government's intention to clear the land.
Mr. Bascome received two letters from Government, one dated April 7 1990 and a second hand delivered letter last month giving him 28 days notice to vacate the land, Mr. Barnes claimed.
He added that Mr. Bascome, who had been privy to the park plans that were made public in October 1990, had had ample time to oppose them in the courts. The Park Management Plan was approved by the Minister of the Environment after it was passed by the Parks Commission in December 1990.
In a hearing before Puisne Judge the Hon. Mr. Justice Meerabux next week, the Crown will be drawing attention to the fact that Mr. Bascome failed to file a notice of motion, failed to ask the Environment Minister for an undertaking before issuing proceedings and that the writ issued on behalf of Mr. Bascome disclosed no cause of action.
"The granting of the Court's relief to the Government in this matter would clear the way for the improvements planned in the Mill Creek Park Management Plan,'' the yesterday's statement read.
"The purpose of carrying out these renovations is to enhance the public's enjoyment and use of one of the few open space areas of Pembroke parish.''
