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Isseneru Village Council loses case against GGMC, dredge owner for land trespass
Kaieteur News – The case brought by Isseneru Village Council (IVC) against the Guyana Geology and Mines Commission (GGMC) and a dredge owner, Suresh Ramkissoon was on Wednesday thrown out after the council failed to prove its claim of illegal mining on its lands.
The Village Council had accused GGMC of enabling the miner to conduct prospecting on its titled lands without first obtaining its permission. The Council had argued that in breach of the Amerindian Act, the GGMC failed to conduct an environmental impact assessment (EIA).
However, Justice Gino Persaud who presided over the trial ruled said that the council had failed to prove its case.
Justice Persaud noted that under cross examination Mr. Larson, a witness conceded that the dredge was on the river which did not form part of their titled lands.
“He agreed that the dredge did not work on their titled lands and that there was no damage to any of the Village’s structures, Justice Persaud said as pointed out that “No evidence was provided of any damage to the river bed and bank as claimed.”
The Isseneru Village Council on Wednesday lost the case against GGMC, dredge owner for land trespass
According to Justice Persaud, the witness also conceded that the burial ground was located about 200 feet inland.
“No damage was caused to the burial ground by the dredge for the brief period it operated in the river,” he said
Additionally the judge said, the second witness Mr. Brando Joseph also conceded under cross examination that the dredge caused no damage to any building or structure belonging to the Village.
“He agreed at all material times the dredge operated in the river and he further agreed that the Village Council did not own the river,”
In its statement of claim, the IVC said the GGMC acting without its consent, issued a permit to prospector, Ramkissoon operate a dredge in their titled lands.
They argued that under the provisions of the Act, the consent of at least two-thirds of the Amerindian community is first needed before permission for mining activity can be granted to any miner.
Notwithstanding this, however, the plaintiffs said that the GGMC still went ahead, in breach of the Act, and issued permits for mining on their lands without entering into any agreement.
The Village Council said it been the claim of the village council that size and scale of the dredge operated had “degraded the river bed and made the banks of the river unstable and has polluted the water” which residents of the community use for sanitary purposes.
The IVC said that it had suffered adverse impacts of mining from prospectors who had been granted permission to mine in the rivers and creeks which flow through their titled area.
The defendants, they stressed, are not entitled to mine on their property without permission from the Toshao and that no such permission had been sought or granted and therefore mining could not be allowed on any river which passes through their titled area or lands contiguous to the plaintiff’s titled area.
In all the circumstances, the plaintiffs among other things were seeking damages in excess of $ 1 million for trespass on their land and for nuisance and breach of the provisions of the Mining Act.
- environmental, Guyana Geology and Mines Commission (GGMC), Isseneru Village Council (IVC), permission, prospecting
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