The battle of the Port Loyola reps played out this morning with a land issue at the center of the dispute. The current area rep says the land belongs to the government and they can distribute it how they see fit, while the former rep says the land should be given to those who worked it.
It's a game of "he said, he said" with the residents as pawns in danger of losing the land that they were promised since they have no papers to show for it.
Courtney Menzies visited the area and heard from all the parties involved. Here is that story.
A land issue came to a head in Port Loyola this morning when area rep, Gilroy Usher, attempted to assist a woman in placing her home on a lot in the community.
The problem is, though, that the land was promised to another person. And as it turns out, the entire plot of land has already been distributed - but yet there are no land titles that can be shown.
The distribution was made by former area rep, Anthony Boots Martinez but the current rep says that since he is out of office, he cannot dictate who gets the land.
Hon. Gilroy Usher Sr., Area Rep, Port Loyola
"This area of land is 100% government land, right. This land consists of two sections, we have the piece to the west. As area rep for Port Loyola, Minister Martinez got that place surveyed out and he gave it out to whoever he wanted in the division. When they had the last election, Mr Martinez lost, so he no longer has any authority to distribute government property."
"As the area rep for Port Loyola, we have come into this area, we cut down the trees and we have applied for permission to survey the area, to subdivide it, so we can give it out to the resident of Port Loyola. So whatever intentions Mr Martinez has when he was the area rep, that has no say now."
When Martinez heard what happening, he and the proposed residents came out to claim their land. According to the former minister, the area was a swamp before these Port Loyola residents spent the past couple of years clearing and filling the land.
Anthony Boots Martinez, Former Area Rep, Port Loyola
"Last year, we were given permission to survey this plot of land for the people of Port Loyola, of which the land was filled. The survey asked for it to be easier for us to full the land of the people which we did, and I need to make this abundantly clear, no filling was done by the GOB you can check on all records, the payment for these filling was done by Port Loyola housing for the poor, on behalf of the people for Port Loyola. And each lot were allotted here for the people of Port Loyola."
And while the former area rep may seem like the savior of his past constituents, Usher says that he's only interested in saving himself since he's accused of fraudulently sold one of the plots. The current rep also accused him of wanting to take some of the land for himself.
Hon Gilroy Usher Sr., Area Rep, Port Loyola
"After I came back here, a gentleman came and told me, you see this land here? They sold me it for $30,000 but I don't have any papers. So I told him guess what, I'm an understanding person, we'll get the place subdivided, and since you have already built the house there and will make arrangement for you to keep that portion. And same thing with this person here, he already built the foundation so I told him I would leave him with it. But in the other instances the people need to follow procedure and apply for the land."
"There's a high possibility that these parcels here, maybe one or two persons would have gotten but the majority of these parcels right here would remain with the former area rep because he has a pattern of doing that. So to say that It's for the people of Port Loyola, nothing can be further from the truth."
In the end, the residents have no land papers and so have no legal claim. But Martinez says they are entitled to the land and "natural justice" should take precedence.
Anthony Boots Martinez, Former Area Rep, Port Loyola
"They have legit expectation, they were given the authority from lands department to fill the lots and in turn they will get it, they were given the legal authority at the time, so they have a thing weh name natural justice."
Courtney Menzies:
"Nothing was done in writing though, it's just like an oral agreement that you fill the land."
Anthony Boots Martinez, Former Area Rep, Port Loyola
"This is the permission, the sketch plan from the ministry of natural resources. And if you notice in here, have all the recipient of the land."
Courtney Menzies:
"But since the land is still government land and Mr Usher is part of the government is he not breaking any laws to allot the land to any residents since there is no land titles."
Anthony Boots Martinez, Former Area Rep, Port Loyola
"They have legit expectations. If I tell you go spend your money on that land, how will you just take it away? How will you come without any procedure? What happen to the cost that incur in terms of the filling? What happened to the cost incur in terms of the people come and chop out their land and get it prepared to fill? So who have a good case?"
We spoke to the residents who worked to turn what was a swamp into livable land. One resident has already built a foundation and is hoping she gets to keep it, while the other has claim to the plot where Usher was planning to place the aforementioned house.
Melisha Flores, Resident
"I feel it for everyone, I feel it for myself, I feel it for everyone who is trying, not everyone have the money at this moment to put up something for themselves you know. So it's really rough. I feel it for everybody and myself too because we are trying and I pray to the Almighty that they don't come to take away anything from us because we waiting for this for so many years to make them come and just take it and out of our own pocket we're investing to start something for our kids."
Rosaline Marfil, Resident
"Mr Usher met us back here and he told us he doesn't want anything to do with the land, he just want to help we, now he come and he wants to put a house on the land and it look like it's on my land too. And I live here for many years and Mr Usher know me. He even come and say that he know some of we help and vote for him but he still want come take the land from us."
The residents say they're ready and willing to go to court if it comes to that - which it may, since Usher is adamant that these residents need to apply for the land like every other citizen.
