No progress in two-y-o investigation

Swaby

Erica Virtue, Staff Reporter

NO headway has been made since 1999 when Mandeville Resident Magistrate Oswald Burchenson ordered an investigation of how Mike Town resident Eric Swaby lost three prime real estate properties in Mandeville.

Mr. Swaby served a total of 12 years in prison, twice for contempt of court and once for malicious destruction of property.

Now 83, he told The Sunday Gleaner last week that he had written to the Resident Magistrate on August 7, seeking answers about the status of the investigations.

Before Mr. Burchenson ordered Mr. Swaby released, Mr. Burchenson said he would ask the powers that be to investigate the "dealings" of the lawyers involved.

"I am deeply saddened," the RM remarked then. "This is an attack on the rule of law and the bar of justice must not be lowered."

Mr. Swaby, in his letter, asked the RM to say what was the status of the investigations, because no date had been given for it to start. Also, Mr. Swaby's letter asked the RM to indicate to him, who was the investigator and to say which property was under scrutiny.

According to him, "Since the Judge ordered the investigation, nobody don't ask me anything. I don't see nobody. So that's why I write, because I want to know what is happening."

However, Clerk of Courts Horace Mitchell said last week, that the police were asked to investigate but as far as he was aware Mr. Swaby had not been to see them.

"The judge asked the police to initiate certain investigations. I don't know if they had started. But he (Mr. Swaby) was advised to get an attorney and he said he did not want an attorney...and he can do his business himself," Mr. Mitchell said.

He said he advised Mr. Swaby to turn the matter over to his children, but Mr. Swaby said "No" and as far as he was aware, Mr. Swaby wanted to take before the court, matters which he had lost previously in court.

"I told him he is wasting his time. And advised him to get legal advice. But when he gets legal advice, he does not want to take it. He wants to get back the lands, but he needs legal advice," says Mr. Mitchell.

Mr. Swaby, a father of six, was jailed for refusing to give up claims for lands he said belonged to him. In a 1992 court hearing, he refused to pay a fine of $5,000 plus costs of $800 and stay off properties located at 37 West Road in Mandeville. He was transferred from the Mandeville lock-up to the St. Catherine District Prison without an opportunity to go back before a Resident Magistrate.

When The Sunday Gleaner highlighted Mr. Swaby's story in 1999, he was taken back to court for the first time in seven years. He told the court that he bought the property from deceased Attorney Enos Knowles and mortgaged the property to the lawyer on December 13, 1956 and paid it off on May 20, 1970.

His attorney, Keste Miller (retained on his behalf by the Ministry of National Security and Justice), produced documents showing that Mr. Swaby did satisfy the mortgage and the day (May 20, 1970) that the mortgage was discharged, the property was transferred to lawyers Knowles and Enos Findlayson.

Mr. Swaby denied ever transferring the property or incurring another mortgage. However, records produced in court indicated there were at least three other mortgages on the property in addition to it being sold to two other persons in 1981 and 1993.

Expressing strong sentiments that he had received severe injustice, Mr. Swaby told the court it was a "racket" to take away his land which he had occupied since 1946.

Back to News