Gov’t wants Maroon lawsuit thrown out
Published:Friday | July 22, 2022 | 12:15 AMTanesha Mundle/Staff Reporter
Government lawyers have filed an application to strike out the lawsuit being pursued by Maroon Chief Richard Currie, who is seeking an order from the Supreme Court declaring that ownership of the lands in the Cockpit Country be given to the Maroons.
The application has been set to be heard on September 30, when the court will also hear an injunction being sought by the Maroons on all current mining activities, roadworks, new leases, and/or permits being issued to companies to minerals within Maroon lands.
The strike-out claim was filed on July 8, after Currie, the chief of the Accompong Maroons in St Elizabeth, filed a claim against the Government and the Jamaica National Heritage Trust (JNHT) on May 6.
Currie is listed on the claim as the first claimant, while the Full Maroon Council of the Sovereign State of the Accompong is the second claimant. The attorney general and the JNHT are listed as first and second defendants.
Among the orders being sought by the Maroons is that, under Jamaican law, Currie is entitled to be the res in fee simple under the Registration of Titles Act, which essentially means giving him absolute ownership.
They are also seeking damages for trespass as a result of the mining that is done without their permission.
Both applications initially were set for hearing on Thursday, but, when the matter was mentioned, Justice Kirk Anderson indicated that he was unable to proceed as he was not in receipt of the complete bundles from both parties.
Consequently, he ordered both the claimants and the defendants to file the complete bundles, along with an index, by July 28.
He also made an order for both the injunction and the application to be heard on the same date by the same judge, and that the strike-out application should be heard first.
“ ... Both are equally important because, if the claim is going to be struck out, why would the court be granting injunctive relief?” he asked.
Furthermore, Anderson said, “Granting injunctive relief and then immediately thereafter hearing an application to strike out the claim, which is the basis upon which that injunctive relief has been granted, is pointless.”
Among the orders made was that the claimants are permitted to rely on and file further submissions and shall do so if they are contesting the defendants’ application for court orders, but that the filing should be done and served by August 12.
Attorney-at-law Charles Ganga-Singh leads the Maroon defence team, which includes Isat Buchanan and Alessanda LaBeach.