Barbara Gayle, Staff Reporter
A BATTLE between a church and an agency of the Government over a fraudulent land title ended with the church being evicted from the property.
The Fraud Squad was called in to investigate the origins of a bogus land title which surfaced in the dispute between the Braeton Apostolic Church of God in Christ, Portmore, St. Catherine, and the Factories Corporation of Jamaica (FCJ).
The Office of Titles said the title registered at volume 1333 folio 942 was "obviously fraudulent", was not issued by them and called in the police. The church contends that it was in lawful possession of the property, so when the bailiffs came to evict them they wouldn't budge.
A lawyer representing the FCJ had submitted the title to the Office of Titles last year May, to determine its authenticity. And Althea Edward, Acting Senior Deputy Registrar of Titles, replied on June 13 saying that a thorough search was conducted and the title was not issued by her office.
Following that response the FCJ got an order from the Supreme Court in November last year for immediate possession of the property occupied by the church.
The fervent and loud prayers of some members of the church did not prevent the bailiff and his crew from dismantling the church building on February 8 and removing its belongings from the 180-acre property at Naggo Head, St. Catherine. But the bailiff who went to execute the court order on February 8 is upset that three policemen from the Greater Portmore Police Station had interfered in the lawful execution of his duty and had ordered him and two of his assistants to the police station, where they remained for about an hour.
Fitzroy Bell, the bailiff, said the defendants on the writ of possession were the church, "Pastor Gordon" and a "Mr. Watson." Mr. Bell said he went to the premises on February 8, saw Mr. Watson, an executive officer of the church, who was one of the defendants on the writ of possession and some church members at the premises. He told Mr. Watson he was there to evict them from the premises. Mr. Watson spoke to someone on the telephone and shortly after Pastor Gordon tuned up with a file with documents. Pastor Gordon left the premises and then some time after three policemen came on the scene. Mr. Bell said he and the crew were in the process of dismantling two wooden structures and some tents when three policemen on bicycles came up and stopped them from carrying out further eviction. The church members rejoiced when the policemen came and stopped them from dismantling the buildings.
Mr. Bell said he and a policeman from Kingston and an electrician were ordered to go to the Police Station despite the fact he showed the policemen the court order he had in his possession.
When they went to the Greater Portmore Police Station, the policemen took them to Superintendent D.B. Harrison, in charge of the station. Pastor Gordon was also at the station and "between phone calls and conversations which lasted for about an hour, " Supt. Harrison told Pastor Gordon he had to comply with the court order and told him (the bailiff) he should return and continue to execute the order. But Mr. Bell said when they returned to the site, some members were under a tent praying loudly but he told them they had to move from under the tent as he was going to pull it down. The members eventually complied and Mr. Bell said they removed two wooden structures, some tents and a 40 ft. container with church equipment and put them outside the premises.
Supt. Harrison told The Sunday Gleaner last week that he was aware of the matter and had resolved it. He said, however, that since the policeman who came with the bailiff was stationed in Kingston, and they were carrying out a serious order such as pulling down a building, the policeman should have notified policemen at the nearest police station.
Howard Bennett, head bailiff for St. Andrew, said he sent Mr. Bell to carry out the eviction and when he heard what had happened he called the police station and told an officer there that the police had no right to stop the bailiff from carrying out the Supreme Court order.
