Land legally transferred to Leonard Torres, Santa Rosa council says

The Santa Rosa Village Council has produced documentation justifying its decision to give land tenure rights to Leonard Torres, the stepfather of Minister of Amerindian Affairs Pauline Sukhai in a controversy over the eviction of his niece, Melania Torres, that has the Region One community abuzz.

Minister Sukhai had been accused of exerting undue influence on the Santa Rosa Village Council, Moruca sub-district of Region One for the approval of ownership of land for her relative. Sukhai had asked Chairperson of the National Toshaos’ Council Yvonne Pearson to intervene and provide “guidance” on the issue. The minister herself said in a letter that she recognized that were she to go herself to be at her stepfather’s side it would have been seen as a conflict of interest.

Melania Torres

Speaking to the Stabroek News on Thursday, Toshao of Santa Rosa Marco De Souza said he did not want to comment very extensively on the issue since he was still reading all of the articles written about it. “I have seen some of the articles but not all of them,” he said. “So I have to get everything compiled before I could make anymore comments.” He said that as far as he is concerned the matter is closed.

But other officials of the council were not reluctant to provide copies of the relevant documentation. Those persons said the persons claiming the land had no legal standing and were being covetous.

The Amerindian People’s Association was swift in its condemnation of Sukhai. However, Pearson, when contacted by this newspaper, said the minister did not do anything improper by sending her to bring the matter to closure since that is provided for in the Amerindian Act.

Officials of the village council provided a copy of an agreement dated June 2, 2000 stating that Thomasa Torres of San Jose, Moruca River, Barima/Waini, Region One “do hereby agree to transfer all my rights and interest in a plot of land situated at San Jose Moruca to Leonard Torres of San Jose Moruca.”

The document continued, “There should be no cash considerations on this transaction. This act of transfer is deemed as a gift to Leonard Torres and becomes effective from the date this agreement is signed.” The document was signed by Thomasa Torres and the then village captain John Atkinson on June 2, 2000.

After Aloysius Torres wrote to the village council seeking information on the issue of the said land, the council replied by way of letter dated March 16, 2004 informing him that the land in question had been transferred to his sister Lena and his brother Leonard Torres.

“As such, your mother could not have given something that is already the property of someone else… Please be informed that I am in the process of making formal contact with your sister and your brother who are the owners of these lands. I therefore advise that you do not interfere with any of the lands.” This letter was signed by then village captain, Mark Atkinson.

Speaking to this newspaper, Melania Torres, the daughter of Aloysius Torres, said she had been told that “Leonard Torres has a paper that is valid,” and that the letter council wrote her in 2005 giving her permission to live on the land was invalid.

According to Aloysius Torres, that letter was signed by Marco De Souza, who at that time was a member of the council under the then toshao John Atkinson (now deceased). He said he was the secretary of the council and because of conflict of interest concerns, he had De Souza sign that letter on his behalf. Toshao Pearson during a comment to this newspaper found this letter to be improper.

Melania Torres said that after she received the notice of eviction from the council she responded but the council ignored her response. She has since left the premises and is now residing with her mother and father in a small cottage.

“They removed the lock from the door and up to now I cannot get anything from the house,” she said. “They are not allowing me to get my stuff from the house. My children are not going to school. They missed one week straight. I went to the head teacher and told her about it and she assisted me with uniform so that my big daughter could go to school.” Melania Torres sells for a living. She has two daughters aged eight and five years old.

She said the council had indicated that she could get her things from the house, but she is reluctant to go there alone because of what people have said. “I am not going there unless the village council is present,” she said.

The Amerindian People’s Association has been making representation on behalf of Melania and her children. Writing to the village council on December 22, 2011, David James said that for over 35 years, Aloysius Torres and his family were in possession and ownership of the land in question and never relinquished the rights to the said land.

“Mr Torres has informed me that his elder brother Leonard Torres, who is making claim to this plot of land was initially given the said plot by their father, now deceased. However, Leonard Torres left Moruca more than 30 years ago and took up residence in Laluni on the Linden Soesdyke Highway. During that time, Aloysius Torres remained and lived on this plot of land and maintained it, while taking care of their parents until the day of their deaths,” James said in his letter.

The family of Aloysius Torres, including his daughter Melania, is hoping that the council would convene a village meeting where the issue would be dealt with by the entire community.

They are also hoping for an interpretation of the Amerindian Act which gives the council the right to retrieve land abandoned by the owner.