Articulated Recovery

Sheldon Williams, Gleaner Writer

The Jamaica Urban Transit Company (JUTC) articulated bus that was seized in Cross Roads, St Andrew, on April 15 and remained there since then was released and returned to the public transportation company on Friday.

The bus was reportedly returned after a payment agreement was settled on between plaintiffs in successful lawsuits against the JUTC and the company.

Before the bus was released, there had been a possibility that it would have been sold to a private buyer who planned to export the vehicle to South America, to be operated in a country there.

The bus was seized by head bailiff of Kingston and St.Andrew, Augustus Sherriah, on order of the Supreme Court. It had been advertised for public auction yesterday, in the hope that a bid of at least $8 million would be made.

Purchased at $40 million by the JUTC, the bus would possibly have been sold for a fraction of that cost to recover money due to claimants who had won lawsuits in the Supreme Court against the bus company. Up to press time, the seized bus remained stationary in the commercial district.

Sherriah said the bus had not been moved because of the loyalty of wrecker companies contracted to the JUTC. "When we contacted the wrecking company they told us that they do work for them sometimes, so we cannot help you in removing the bus," he said. Without having the necessary equipment, it could not have been moved from the location by the bailiff.

The bailiff explained that the law of seizure made it unlawful for him to hire someone to drive the bus away from the location, or do so himself. "The law of seizure dictates that I cannot drive or cause to be driven by anyone that I choose, any items that I levy. In the event that it is being removed by persons employed to me, any damage that come to that vehicle would have to be borne by me. I would be sued. If, for example, when a small vehicle went on the wrecker it fell off, they couldn't sue me. They would have to sue the wrecking company," Sherriah said.

Sherriah said he has spent about $227,000 of his own money to ensure the security of the bus since it was seized. "That includes paying watchmen and I have to pay them more on public holidays and taking out Gleaner ads for the auction," he said.

"The first day it was $31,000," Sherriah said.

"My office is not supplied with money. My office does not have a budget. Everything that is done in this office comes from my pocket. When matters are settled, I should be able to claim back for money spent, but it doesn't always work out that way. I've lost thousands of thousands of dollars doing my job the legal way," he added.

In one case, he said, "I seized something because the court said I have to seize it, but the lawyer said the matter should be brought back to court and it took 10 months before the matter was finalised and I said my fees are so and so. The judge threw out the matters without making an order for me to get back my fees.... To this day, I have not been paid my fees".

Sherriah said he determines the estimated market value of assets seized by researching what those items are been sold for by popular merchants.

sheldon.williams@gleanerjm.com