Public defender to probe scrap-metal ban
Published:Thursday | August 4, 2011 | 12:00 AM
Arthur Hall, Senior Staff Reporter
The Office of the Public Defender has decided to swim against the tide of public opinion by taking up the fight of persons hurt by the Government's decision to shut down the scrap-metal industry.
The public defender's office is to spend no more than one month conducting a probe into the Government's decision to suspend the trade before providing Minister of Investment, Industry and Commerce Dr Christopher Tufton with recommendations.
But even while that probe is taking place, the public defender's office is opening its doors to persons with proof that they earned an honest income from the scrap-metal trade and who want to seek compensation for the loss of income because of the suspension.
Unjust to honest dealers
While noting the overwhelming public support for the decision of the Cabinet to suspend the trade, Public Defender Earl Witter yesterday argued that his office would be derelict in its duty if it failed to defend the honest persons in the industry.
"No matter how popular the decision (to suspend the trade), the question is ... in relation to the honest dealer who plays by the rules is the decision fair because if it is not fair, then in relation to that dealer it is unjust," Witter told a media briefing yesterday.
"And it is not the business of government ... to work an injustice against some in order to punish others," added Witter.
He accepted that there were unscrupulous individuals in the scrap-metal trade who were damaging the infrastructure of the country by stealing items such as telephone cables and national treasures.
However, Witter questioned whether it was beyond the ability of the state to deal with the unscrupulous persons he described as having "a disease of the mind" and with no interest in the well-being of the country.
"You have to be of some unsound mind if you think you can dig up railway tracks and sell as scrap metal. There is something seriously the matter with you beyond the depravity of the worst kind of antisocial behaviour if you think you can go and screw off people's gate as scrap because you are earning a food," he said.
Duty to govern
"A way has to be found, simply must be found, to effectively suppress that kind of activity and, under our present system of government, it is the duty of the Government to do that and to put in place the systems that can work."
According to Witter, the Government has a duty and responsibility to govern by regulations and other means and the decision to close down the industry could be considered an abdication of its role.
"Whether out of frustration or incapacity, the Government has determined that because the state mechanisms can't cope with (the constant theft), the sector should be locked down. But if its actions cause an injustice, it should be remedied," said Witter.
He said his office would welcome persons who might want to take to the streets to protest against the Government's decision to complain to his office instead.