Dismissed case, $2M court costs: Opposition “used”, “manipulated” Mocha squatters – AG

Attorney General and Legal Affairs Minister Anil Nandlall, SC, has called out the Parliamentary Opposition for misleading several squatters whom Government had been attempting to relocate to facilitate construction of the Heroes Highway. Those squatters are now homeless and hopeless after losing in the High Court a case in which they had sought to establish their rights to the state lands.
“They have five lawyers in the Parliament. None of them appeared for these people! No known PNC lawyers appeared for these people that [Opposition Leader Aubrey] Norton promised he will represent, and that the Opposition will represent!” Nandlall pointed out during his programme of “Issues in the News” on Tuesday.
Chief Justice Roxane George, SC, last Friday dismissed claims brought against the Government by squatters who had taken up residence at Cane View/Mocha, East Bank Demerara following the demolition of their homes in January 2023. She ruled that the applicants had failed to substantiate their claims for prescriptive titles, property damage, and constitutional violations; and she awarded costs against the applicants in the total sum of $2M, payable by June 30, 2025.
Representing by attorneys Vivian M. Williams and Lyndon Amsterdam, those applicants – Mark Gordon, Shenika Simpson, Roxane Allen and Lucretia George – had sought more than $200 million in damages, declarations of ownership of parcels of land, and compensation for alleged breaches of constitutional rights.
In January 2023, Government demolished several homes in Mocha-Arcadia to make way for construction of the Heroes Highway. Despite offers for relocation and compensation dating back to 2021, some residents refused to move, leading to a standoff and eventual legal action.
Some 28 persons who had been squatting on the reserves had been relocated from the path of the highway, and have rebuilt new homes in nearby residential areas through Government compensation. However, those who refused the offers and challenged the Government’s actions in court were encouraged to do so by members of the Parliamentary Opposition. Nandlall has since pointed out that those residents were “used and abused”.
“The Leader of the Opposition and many members of the Opposition used this as a platform for politics, and cruelly exposed these persons to the perils that they are now experiencing! And up to now, I have not heard any statement from the Leader of the Opposition or any Opposition Parliamentarian or politician saying what assistance they will give to those people who are now homeless, and I suppose hopeless!” Nandlall contended.
“They used those people, abused them, and discard them! And I hope that persons listening to me will internalise what I’m saying and will not become the victims of political pawns and not allow themselves to be used and abused and manipulated in the manner that the Opposition politicians have used, abused and manipulated this bunch!” he further expressed.
Declaring that he hopes this case serves as a lesson to other squatters or potential squatters, Nandlall said, “I want every person occupying Government lands, occupying Government reserves, occupying state lands or public lands, to take note of this decision and its implications. It means this decision, if you are ever in doubt, clarifies for you, any squatter or potential squatter, what your legal status is: You have no right, no interest, or no title for that land!” he outlined.
“The lawful owner of a property reserves the legal rights and powers to take such steps that may be necessary, including using reasonable force to remove and eject from his or her land any squatter. You do not necessarily need an order of court to remove a squatter from your land; you can do so by self-help,” Nandlall added.
Meanwhile, the court has noted that, although these squatters have been defeated legally, Government has indicated that it is still willing to assist the persons who filed the legal challenge.
“It is for the applicants to decide if they are willing to respectfully engage, so that offer of assistance will be effective,” Justice George has said.
Government was represented by Attorney General Mohabir Anil Nandlall, SC, MP; Deputy Solicitor General Shoshanna V. Lall; and State Counsel Shania S. Persaud, Mohanie Sudama and Marnice Hestick.The CH&PA was represented by Darshan Ramdhani, KC, and by Arudranauth Gossai; while GuySuCo was represented by Kamal Ramkarran and Rafiq Khan, SC. The applicants were represented by attorneys Vivian M. Williams and Lyndon Amsterdam.