Ministry Responds: Ombudsman’s Grave Report

February 3, 2014

Today the Ministry of Home Affairs offered the following in response to the recently released Ombudsman’s press release on the report A Grave Error.

The Ombudsman expressed concern regarding the Department of Planning and how it failed to implement suggested recommendations to prevent the demolition of the grave site at Tucker’s Point, which is in the control of the Marsden Church.

However having considered the Ombudsman’s press statement, the Department of Planning said it takes “issue with aspects of the statement”, saying that the criticism levelled against the department is “unwarranted”, and clarified its stance for the public.

A Planning Department spokesperson said, “First and foremost one of our primary missions at the Department of Planning is to responsibly serve the people of Bermuda to ensure the sustainable management of the natural and built environment.

“In fact, recognising that eight of Bermuda’s historic cemeteries were not properly zoned, it was a conscious decision to ensure these cemeteries, including the Tucker’s Town Cemetery, were designated as Historic Protection Areas under the Bermuda Plan 2008.”

Regarding the Ombudsman’s opinion of maladministration, the Planning spokesperson said, “We strongly disagree with the Ombudsman’s conclusion. For clarity’s sake, her earlier report recommended as follows:

· [to] list the graveyard as a Historic Building under s.30 of the Development and Planning Act (although already referenced under s.31 as a Historic Protection area, a s.30 listing would add status and an extra layer of protection).

“And the former Minister at the time, who served in the previous administration, undertook as follows:

· The Minister of the Environment, Planning and Infrastructure Strategy will consult with the property owner as required by the Act, the Historic Building Advisory Committee, the Department of Planning and other relevant interests. On completion of the review the Minister would have the information to assist in making a decision on the recommendation to add Tucker’s Town Cemetery to the list.”

The spokesperson pointed out that there was no timeframe attached to the undertaking to gather information that would assist in making a decision on listing.

“This was a commitment to review the case to be made for a possible listing and the Ombudsman misunderstood that. While the Minister chose not to undertake this task immediately, it should be noted the cemetery already had the necessary protection as a zoned Historic Protection Area,” the spokesperson added.

“There is no ‘extra layer of protection’ that results from designation as a Listed Building. Listed Buildings do qualify for the Ministry’s interest-free loan scheme and that is the only difference between a Listing Building and a structure with a Historic Protection Area zoning.”

Furthermore, the spokesperson said the cemetery is not a ‘building’ and does not fit the criteria for a Grade 1, 2 or 3 Listed Building in any case.

“After reviewing the Tucker’s Town Cemetery last year, the Historic Buildings Advisory Committee determined that the Minister may want to consider a designation known as Grade HM (Historic Monument).

“Examples of other structures with the Grade HM designation in Bermuda include Meyer Mausoleum in the Secretary Road Cemetery in St. George’s, the Dockyard Wall and the Town of St. George Gateposts,” the spokesperson added.

“And finally, regarding the damaging actions undertaken by others, which resulted in the destruction of the tombstones, the Department of Planning and the Ministry had no role in that at all,” said a spokesperson

The spokesperson said, “There is no cause or connection between the task of reviewing the cemetery for possible listing and the devastating event that unfolded in October 2012, which involved the destruction of headstones and partial dismantling of the perimeter wall of the cemetery.

“That event was a separate damaging action on the part of others, at least one of whom was fully aware of the protective zoning of the site. Unfortunately, the zonings of a development plan cannot prevent poor judgement and bad behaviour on the part of those determined upon a particular course of action. For the Ombudsman to suggest otherwise is incorrect and gives a mistaken impression to the public. The Department of Planning did not participate in, and does not condone, those actions undertaken by the third parties.”

The spokesperson concluded, “We brought to the attention of the Ombudsman our reservations regarding the conclusions in the report, however it appears the report is unchanged despite our clarifications.

“As a final note, it will be for the Marsden Church to decide upon remedial measures and we know the Historic Buildings Advisory Committee is happy to provide guidance on this matter. It is not the role of the Development Applications Board to lead discussion on such issues.”

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Comments (40)

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  1. Nuffin but da Truth says:

    did anyone expect the Planning Dept to admit they were wrong?

  2. Greed Killed Bermuda says:

    Premier Cannonier is a member at Marsden… I wonder what he has to say about this issue.

    • The Messenger says:

      I’m begging you please don’t hold your breath for Cannonier to open his mouth on this one. There were certain individuals on this island who complained bitterly and consistently about the invisibility and silence of former Premier Dame Jennifer Smith (who was ousted, in part, because of it), but Cannonier’s track record is DISMAL. He isn’t going to improve–he is who he is.

  3. swing voter says:

    The bottom line is that the Government of the day did not ensure the SDO contained a clear exception clause to protect our Heritage. They knew the importance of this area and chose to ignore warnings and recommendations that TP had no interest in acknowledging and protecting the site…Shame on Marsden as they had the clout to make an issue of this. Dr. Harris? well if there is no connection to the motherland I guess there is no value is it.

    At the end of the day, our ancestors where mistreated by indifference, straight across the color spectrum…..PLP failure at its worse

    • Bettty Trump says:

      This is not time to play the “BLAME it on the PLP game”, as usual from the usual suspects. The reality is we are all too blame, if you and others did not stand up to take action in this regards. Stop attempting to remove yourself from taking responsibility for this action, if you did nothing to stop it. This is a bigger problem, that our history has never been respected in Bermuda.

      • Bettty Trump says:

        Furthermore Mr. Cannioner was big friends with Marsden, he did nothing to stop it either. So there plenty of blame to pass around. But that is not the issue. The problem is that we need to do more in Bermuda to teach our history and promote our culture so something like this will not happen in the first place.

      • aceboy says:

        It never is time to blame anything or anyone….when the PLP are at fault.

      • 32n64w says:

        This is a very sad and regretful situation that should have been avoided but Betty – where is the vociferous condemnation of the Government for allowing this to happen in the first place? Where are your attacks on the Government for not looking after Bermuda and Bermudians’ best interests? Where are your lengthy and incoherent ramblings about how little the Government cares for the innocent and down trodden and only looks after the interests of ‘big business’?

        Or is it ok when ‘they’ (the PLP) do it?

        Why have you elected to completely ignore the PLP’s role (or lack thereof) in this matter? They were the Government of the day and were more concerned with SDOs and special big business interests than preserving our national heritage.

        Had the OBA been culpable in this, your posts would be ridiculing and attacking them left right and centre but your conspicuous silence proves you care more about the PLP than Bermuda.

        Your blind loyalties and hypocrisy are as clear as day.

        Betty Trump and PLP – party before country since 1998, one desecrated grave at a time.

        • Bettty Trump says:

          If you know your history, you would know that this happen under the UBP’s watch. It happen way before the PLP took power. I think a little reading on Tucker’s Town will be helpful to you. So if you want to pass all the blame on, do not forget the UBP were big players as well.

          • 32n64w says:

            Exactly what happened under the UBP’s administration and how in any way does that absolve the PLP administration? Hmm Betty?

    • Herb Adderley says:

      I have known Dr Harris all my life and more than anyone else he has protected and preserved the Historical sites and the History of Bermuda. His family have been here for generations, how long have you been here @swing voter, as we all came from somewhere else, many in the last hundred years.

      • The Messenger says:

        Harris closed his mind on this one and it isn’t difficult to figure out why! I’ll leave that one for you. Yes, it is true that we all came from somewhere else. However, I am the product of an Afrikan family who was brought here against their will and through blood, sweat, tears, unspeakable suffering and no pay they built this island to your comfort and all of the Dr. Harrises in Bermuda.

        • inna says:

          “…I am the product of an Afrikan family who was brought here against their will and through blood, sweat, tears, unspeakable suffering and no pay they built this island to your comfort and all of the Dr. Harrises in Bermuda.”

          And what would you like someone to do about that? Give you a house? Give you some money?

          At the end of the day, there is nothing stopping you enjoying the comforts of all us “Dr Harrises”. Now i dont like to presume, but from your article i am guessing that you are not white. So tell me, what in todays society has held you back? Am i wrong to assume that you have a decent paying job, modest sized house driving around a nice $35k vehicle? Am i also wrong to assume that you enjoy a quite a high standard of living, taking trips frequently and indulging in fine food and wine ? The way i look at it is, we all enjoy the current standard of living because of immeasurable and multiple series of events that has shaped our society as we see today. What would have happened if there was no colonization and as a result no slaves? WHO CARES? What would have happened if there were only one race present in the world? WHO ALSO CARES??!

          From the sounds of your tone you want everyone to leave the island, come back and then start settling Bermuda all over again! Make the best of what you have in the time that you have! Get out there and make a name for yourself instead of ranting on Bernews!

          • The Messenger says:

            inna,

            You are driven by guilt to say the things you have said because the truth has made you uncomfortable. It’s called cognitive dissonance which is prevalent among wHITES.

            Yes, there is one race–the hue-man race– many colours. Tragically, the wHITES among us have conditioned the people of this world into believing that they are superior. Far from it.

  4. Family Man says:

    The spokesperson pointed out that there was no timeframe attached to the undertaking ….

    hahahahaha That’s been the story for 14 years.

  5. Bettty Trump says:

    Premier Cannonier is a member at Marsden… I wonder what he has to say about this issue? Yes you are correct I hear he has close ties with the Minister. The Minister and the committee made the greatest Error without consulting the people whom families where buried there. Some how Marsden’s leaders believe they could just do what they like, with out consultation with folks. This is not an ordinary burial ground, this was an historical site.

    “Tucker’s Town Cemetery, were designated as Historic Protection Areas under the Bermuda Plan 2008.”.knowing this information the Church ignore it and believe they had the power to do what ever they liked.

    This is indeed a sad day in Bermuda. I hope moving forward a replica of the old stones are replaced.

    • Hmmm says:

      You are trying to blame Craig Cannonier for Marc Bean’s mess up….
      REALLY !!!! Listen to yourself.

  6. Skeptic says:

    And for decades before all of this recent excitement, was this graveyard not ignored as an overgrown wasteland by the descendants of the former Tuckers Town inhabitants? How is that not also an extreme desecration of the lives of their own ancestors??

  7. Concerned Citizen says:

    Wait a minute…the ombudsman is mistaken! And to think some of you Oba/ubp folks were trying to blame the PLP and Marc Bean on this issue. The same folk who serve the same interest that stole the land in the first place, falsely emboldened by mistruths of the ombudsman, now sit in silence, looking for a defective excuse to deploy. Smh!
    And to release this false accusation on the last day of her office! Smh! Again I ask, after 14 months of the worse govt in our history, the broken promises, questionable actions, lack of transparency and accountability, and plain ole lies, why has this outgoing ombudsman been so silent regarding the OBA government? Her reputation is tarnished, her competence is now in question! Again, shame on Marsden, Dr. Harris, and Tucker’s Point!

    • Rich says:

      Worst govt in our history? A bit hyperbolic, even if you disagree with their politics.

      • LOL (original TM*) says:

        Worst Government in Bermuda History, really? So you were ok with slavery, segregation and the like? Do you guys even think before you write? Let’s then look at broken promises then, free child care, free busses, free tuition up the college, free senior car licenses “we don’t care what it costs we will do it” remember that promise? Probably not! You know what who cares what you think it’s obvious who and what you stand for and it’s not equality, justice for all, truth or one Bermuda. Many in the PLP need to start asking themselves if they are for Bermuda or their party. Your bloggers really make you look bad every time they type as do the OBA bloggers but it really is a loop sided comparison.

        LOL

        • LOL (original TM*) says:

          goes to the “Concerned”and/or Bettty with three t’s crew. All sitting in some back room at Alaska Hall eh! Mr. Simmons you say you know all about that right?!

          LOL

  8. Common Sense says:

    Let me see now. First quote from Betty – “This is not time to play the “BLAME it on the PLP game”.
    Second quote from Betty – “Premier Cannonier is a member at Marsden… I wonder what he has to say about this issue? ”

    Mmmmm. Message from Betty appears to be that It’s unfair to blame the PLP (for this tragic mistake), but I’ll do my darndest to throw blame at the Premier of the OBA Government.

    Is that what is commonly called partisan political rhetoric?

    • 32n64w says:

      That’s Betty to a tee. She’ll lob incoherent verbal hand grenades into a discussion but when someone puts the pin back in and challenges her assumptions and erroneous “facts” she runs away or tries to change the topic; anything but be held accountable for her hollow remarks.

      As an example, Betty offered “to list whom is on the UBPoba Friends and family contracts by this government” but when asked do so in detail, including the exact amounts paid, frequency, length of contract and complete counter party names she became deafeningly silent.

      There is no known prescription for her political myopia and severe hypocrisy as she refuses to be honest in her discourse and observations.

      • Bettty Trump says:

        “UBPoba has a long history in regards to this matter, that many want to overlook. …REALLY !!

        What the diehartblindfaithfulness UBPoba supporters are failing to look at is that his matter dates back as far when the UBP where the government. Blame starts there, and those of “White Privilege” continue to overlook their part in this issue.

        This lame attempt to place blame on the PLP, is because those folks do not want to take full responsibility for their lack of action in regards to this matter. Black lost much, and the UBP had much of role to play in regards to this matter. What did they do? Nothing at all, but ensure that wealth for a certain sector of our community grow more. Today we see the same thing taking place with this UBPoba government. I suggest you all review the history, before writing a one-sided comment.

  9. Valirie Marcia Akinstall says:

    Dr Brown, I would like to engage you in a conversation on race, politics, the PLP and above all this article on the grave site.

    I am prepared to make that conversation limited to certain individuals or public. But it will not happen here as all my posts have been blacklisted by from this blog.

    So, I have been blacklisted from posting to any news blogs in Bermuda. Why would they fear me is beyond my scope of understanding, but the international press is looking into it.

    Can I safely assume that Dr Eva Hodgson’s letters have been blacklisted also?

    Well, the press cannot report that there is any conspiracy working against them, as I have always been transparent in my posts, but it is very evident that political collusion directly obstructs freedom of expression in Bermuda or the pressure of white advertisers.

    Containing Blacks still is a priority in Bermuda.

    You can contact me on my Facebook page.

    London, England

    • Hmmm says:

      You are sick in the head if you believe that !

    • Bettty Trump says:

      Valirie Marcia Akinstall why have the UBPoba put you on the blacklist, after all you were one of their strongest supporters? I do not understand? I must say that while I do not often agree with your comments, you do attempt to provide a more stronger argument than most folks. What is going on Valirie? Why now?

      • Valirie Marcia Akinstall says:

        Read Facebook comments…

        London, England

  10. Valirie Marcia Akinstall says:

    Was there signage erected by the Ministry of Environment, department of planning to direct ANY member of the public, whether s/he be an adolescent to a PhD, of the significance of the grave site, whether it be for its first designation to its added protection?

    Simple signage, however temporary, until a formal placate was created to pay homage to the grave site, would have suffice? Was there public notice there at the grave site giving guidance to anyone who needed information on it?

    London, England

    • clearasmud says:

      The site was as previously mentioned not well kept by the owners and guardians which is Marsden but the real issue here is the misinformation from the Ombudsman. If as noted in the article she was made aware of her errors and presented her findings anyway that is a travestry. She was also taken to task yesterday by Sanders Frith Brown on the same issue. Even though many people agree that the corporation is being poorly run her report lacked in substance and puts more weight on her opinion without the supporting evidence!

  11. watching says:

    Wow – the current administration is defending the past administration, so that obviously means that the blame being cast on Marc Bean and the PLP administration on this issue is totally misplaced. The Ombudsman seems to have gotten it WRONG.

    • LOL (original TM*) says:

      It the same CS’s right they defending themselves the past minister get to go on the ride.

      LOL

  12. Tough Love says:

    People desecrated graves. GRAVES! Tell me what law would have stopped them, when common decency did not? People will do what they want to do, regardless of what is right.

    • swing voter says:

      What would have been right? A simple clause in the PLP issued SDO to exclude the burial site from the proposed excavation and development….simple. The CS and the govt. are equally to blame as is Marsden and Harris for not objecting. TP get a pass because they don’t give a f*** anyway. Bottom line is the ‘people’s party failed to stand for their own. All of the politically driven rants of ‘look what they done to us’ coming from the Betty Trumps will never strike a nerve with me because its dis-ingenuine at best. My vote mean more than just what my candidate looks like.

      • Tough Love says:

        So you are telling me that unless there is a law against it, that there is nothing wrong with destroying graves of human beings?

        And we wonder why society has gone to hell in a hand basket. For the love of money…..

  13. Terry says:

    I remember back in the 60′s-70′s hitting golf balls into this area. Not by choice but did have a few bad shots.
    There were a couple of guys that would retrieve them but with respect to those buried there. It was well maintained and clean. This was on the Castle Harbor property and not Mid Ocean.

    A sad state of affairs.
    Shalom.

  14. Voter says:

    The old govt gave them the SDO to do this damage.