Demolished - KSAC destroys structure at Auburn Court after 15-year legal battle
Published:Monday | June 20, 2011 | 12:00 AM
Nadisha Hunter, Staff Reporter
After a 15-year court battle, the Kingston and St Andrew Corporation (KSAC) has finally carried out its demolition of a facility at Auburn Court, South Avenue, in St Andrew.
Last week, Kingston Mayor Desmond McKenzie announced at his monthly council meeting that the illegal structure, which includes a bowling alley, would be destroyed.
Preliminary demolition work had started last Thursday ahead of yesterday's major exercise.
The $3-million effort started as early as 6 a.m. when heavy equipment moved in to tear down the structure.
South Avenue, between Constant Spring Road and Waterloo Road, had been closed to accommodate the demolition works while the police were on the scene to help with the proceedings.
A relative of Delbert Perrier, the owner of the property, watched as sections of the structure fell to the ground, but refused to comment.
As the property owner's relative looked on in dismay, a neighbour declared how happy she was to finally witness the demolition.
Yvonne Briscoe said it marked the end of an ordeal and discomfort she faced with the noise at the building.
"It is a mission completed and I am very happy it has finally been done," Briscoe said.
Strong message
Lee Clarke, deputy mayor and chairman of the building and town planning committee, said the KSAC was pleased with the way things turned out.
"I hope this will send a message to people, so they will know that all we want them to do is to obey the law and we wouldn't have to go through this, wasting money and time," Clarke argued.
He reminded the public that the council would not ease up on its exercise to put discipline in the building sector.
Norman Shand, city engineer for the KSAC, said in addition to location, poor construction of buildings in the Corporate Area remained a concern.
"There were some concerns on the structural integrity of the building itself, so, apart from the breaches that have been committed, that is another reason for it to be demolished," Shand argued.
He added: "There are buildings in the Corporate Area that are not properly constructed, especially those buildings that have been done for a long time and some in the inner-city communities. You will find that most of these buildings are derelict and some of them are structurally unsafe."
He warned that if the country should be hit by an earthquake of high magnitude, it would lead to serious disaster in such areas.
"The majority of our buildings would be destroyed with a high magnitude (earthquake), especially those that are illegally constructed and not under the supervision of the KSAC," he said.
The Supreme Court had granted the KSAC permission to demolish the building after it filed a court claim against Perrier.
The developer countered by filing a claim in the Court of Appeal, but that only delayed the demolition.
Privy Council
The appeal court later supported the order made by the lower court, causing Perrier to file a further claim in the United Kingdom Privy Council.
The matter was eventually sent back to Jamaica with the Privy Council siding with the ruling of the local court.
A court order was granted compelling Perrier to restore the property to its original state, on or before May 31.
Yesterday, McKenzie said the owner of the property would be required to pay the cost of the exercise and a caveat would be placed on the land to prevent anything from being done with it until that debt has been paid.