Public defender retains lawyer for Hanover residents
PUBLIC Defender Howard Hamilton has retained the services of Attorney-at-law Lord Anthony Gifford, who will assist Hanover residents in their effort to ensure that the parish’s water supply is not likely to be polluted by the soon-to-be-opened cemetery at Burnt Ground.
For the last 14 months, the Ramble Community Development Committee has been battling to get the relevant government agencies to do what the law requires to ensure that the Shettlewood Spring water supply – which serves at least 33 communities in Hanover and Westmoreland – will not be polluted by underground seepage of fluids from the cemetery.
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Hamilton told the Observer that the decision to retain counsel for the committee was prompted by a letter from its chairman, Ambleton Wray, who had written to him expressing the residents’ fears of the threat that the cemetery might pose to their water supply.
Hamilton said he had examined the matter and got “additional scientific reports, which seemed to suggest that they did have a case”.
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The public defender said he subsequently wrote to the Ministry of Finance requesting funds to retain counsel because he regarded the matter “as a constitutional violation of the rights of the residents”.
Added Hamilton: “If a matter is potentially life-threatening, that is definitely constitutional. And so the ministry replied, accepting my proposals and provided me funds sufficient to retain counsel – which I have.”
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Meanwhile, Lord Gifford told the Observer he had set out the committee’s concerns in “a full letter” that he sent to the permanent secretary in the Ministry of Local Government and the Environment and to National Environment and Planning Agency (NEPA), and was awaiting their reply. Lord Gifford said he was hopeful that the matter could be resolved without having to go to court. But if it isn’t, then the options would be extended.
All the relevant government regulatory agencies have given approval for the establishment of the cemetery, which is being developed by Delapenha Funeral Home Ltd, Montego Bay.
The cemetery is now nearing completion at a cost of millions of dollars.
However, the Ramble CDC is arguing that the relevant government authorities, including the NEPA – the regulatory body charged with promoting sustainable development by ensuring protection of the environment and orderly development in Jamaica – and the Hanover Parish Council had not observed due process in granting the permits and approvals.
