PREAMBLE
After months of haggling in 2011 when Beersheba Old students Association (BOSA) objected to the attempt that was made by the Administration at Beersheba Primary School (Government Leased), New Market, Saint Elizabeth, Jamaica West indies to get Bermuda Trust Company Limited – the Trustee for James Richards Educational Trust Fund – to transfer the balance of USD 80,000.00 in the Trust Fund to the School’s Consolidated Fund, Mr. Wayne P. Chapman, Managing Director HSBC Private Bank in Bermuda and Parent Company of Bermuda Trust Company Limited, acquiesced with the position that Beersheba Old Students Association (BOSA) took on the matter.
ACTION TAKEN BY BERMUDA TRUST COMPANY LIMITED TO PROTECT THE WISH OF THE TRUSTOR
In the pursuance of probity, transparency, and accountability and to ensure that the wish of the Trustor, James “Dick” Richards (1872-1965), Beersheba Primary School Alumnus, Soldier, Self-made Businessman, Philanthropist and Icon was adhered to, after brokering a deal involving the Ministry of Education represented by Mrs. Grace McLean, then Acting Permanent Secretary in the Ministry, Beersheba Primary School represented by Mrs. Tatlin Smith-Williams, Principal of the School and Beersheba Old Students Association (BOSA) represented by Vincent Samuels, Secretary/Treasurer of the Association, all three parties acquiesced to the following three (3) criteria that the Managing Director HSBC Private Bank insisted that they must be satisfied before the balance in James Richards Educational Trust Fund could be transferred by Bermuda Trust Company Limited to Beersheba Primary School as New Trustee for the Fund:
1. Agree to open a new bank account in the name of the James Richards Educational Trust – a separate account from the school’s omnibus account.
2. Agree signing authority for the new account which would be a minimum of two signatures (one from the school and one from the students association).
3. Agree a mechanism as to how students will be selected.
ACQUIESCENCE RESULT IN TRANSFER OF FUNDS
Following acquiescence by all three (3) parties named herein to the three (3) criteria stipulated by the Managing Director HSBC Private Bank, on October 24, 2011, as a result of a legal document known as Deed of Appointment and Termination James Richards Trust Fund to which Mrs. Tatlin Smith-Williams, Principal Beersheba Primary School and Victor Smith, 1st Vice President Beersheba Old Students Association (BOSA) affixed their signatures as the two authorized signatures that could legally withdraw money from James Richards Educational trust Fund, Bermuda Trust Company Limited wire transferred the amount of USD 79,941.49 to James Richards Educational Trust Fund at The Bank of Nova Scotia Jamaica Limited (Black River Branch) on November 2, 2011 with Beersheba Primary School as New Trustee.
PRINCIPAL’S PERSONAL ANIMOSITY AND REBELLION LEADS TO CONTENTIOUS DISPUTE WITH BEERSHEBA OLD STUDENTS ASSOCIATION
Open animosity and rebellion by the Principal Beersheba Primary School towards Vincent Samuels, Secretary/Treasurer Beersheba Old Students Association (BOSA) regarding the involvement of Association that led to transfer of the balance of money by Bermuda Trust Company Limited to Beersheba Primary School as New Trustee.
INTERVENTION BY MINISTRY OF EDUCATION IN ITS ATTEMPT TO RESOLVE THE CONTENTIOUS DISPUTE
In its attempt to resolve the contentious dispute between the Principal Beersheba Primary School and the Secretary/Treasurer Beersheba Old Students Association (BOSA), the Ministry of education on November 16, 2011, dispatched Mrs. Nadine Leachman, Regional Director, Region 5 to intervene and resolve the dispute.
Accompanied by Technocrats from Ministry of Education Regional 5 Office in Mandeville, Mrs Leachman chaired and presided over the meeting that she convened in the main auditorium at Beersheba Primary School with the School Board that was later found out to be illegitimate and Vincent Samuels as the sole representative from Beersheba Old Students Association (BOSA) whom the Regional Director invited to the meeting.
Among several recommendations that the Regional Director made to the illegitimate School Board, was that the Board should appoint a Managing Committee – including a member from Beersheba Old Students Association (BOSA) – that should be charged with the responsibility to manage and make disbursements from James Richards Educational Trust Fund.
ONE RECOMMENDATION MADE BY THE REGIONAL DIRECTOR THAT IS INCONSISTENT WITH THE CRITERIA BY WHICH BERMUDA TRUST COMPANY LIMITED TRANSFERRED FUNDS TO BEERSHEBA PRIMARY SCHOOL AS THE NEW TRUSTEE FOR JAMES RICHARDS EDUCATIONAL TRUST FUND
While recommendations made by Mrs. Nadine Leachman, Regional Director, Region 5, Ministry of Education in her attempt to defuse and resolve the contentious dispute could have on the day of the meeting been perceived as ideal, the recommendation that the Regional Director made that instead of there being two signatories to James Richards Education Trust Fund that was legitimately opened at The Bank of Nova Scotia Jamaica Limited (Black River Branch) in keeping with the terms of the Deed of Appointment and Termination James Richards Educational Trust Fund, was inconsistent with the Deed.
In fact, the Regional Director criticized the action taken by the Principal Beersheba Primary School to affix her signature to the legal document that opened the Bank Account and she instructed the Principal to take appropriate action to obtain permission from the Ministry of Finance for four (4) signatories to be used to withdraw money from James Richards Education Trust Fund.
Verbal remark that the Regional Director made at the meeting on November 16, 2014 that “Bermuda Trust Company Limited cannot tell Beersheba Primary School what to do,” is not only unfortunate and is in poor taste but it clearly demonstrates that the Regional Director does not seem to understand that the money in James Richards Educational Trust Fund was not bequeathed by the Trustor to Beersheba Primary School to dole out as the school consider “appropriate”, but it was bequeathed by the Trustor for the specific purpose to provide scholarship for two of the best performing students at Beersheba Primary School. Consequently, money in James Richards Educational Trust Fund is neither the property of Beersheba Primary School nor the Ministry of Education but the students for which the Trustor bequeath money to the Trust.
In carrying out instructions that she received as Principal Beersheba Primary School, from the Regional Director, the name of Victor Smith, representative of Beersheba Old Students Association (BOSA) was removed as a signatory to James Richards Educational Trust Fund at The Bank of Nova Scotia Jamaica Limited (Black River Branch). To date, notwithstanding several written attempts to ascertain who are the four (4) signatories to the account, trapped in its culture of silence, secrecy, non-response and pussy-footing, Beersheba Old Students Association (BOSA) has not received any response from the School Board at Beersheba Primary School or the Regional Director who informed the meeting that she would be monitoring recommendations that she made at the meeting.
ANOTHER RECOMMENDATION THAT THE REGIONAL DIRECTOR MADE TO THE SCHOOL BOARD AT BEERSHEBA PRIMARY SCHOOL THAT HAS NOT RESOLVED THE CONTENTIOUS DISPUTE
Although Mrs. Nadine Leachman, Regional Director, Region 5, Ministry of Education included in the list of recommendations that she made to the School Board, that the Board should take appropriate action to pay all outstanding amounts owed to Shanisa Jones whom Bermuda Trust Company Limited declared a qualified beneficiary of James Richards Educational Trust Fund, Beersheba Old Students Association (BOSA) and Vincent Samuels for money used to defray the cost of auxiliary school fees and other inescapable miscellaneous expenses incurred on behalf of Shanisa Jones – now Six Form student at Saint Elizabeth Technical High School (STETHS) – this contentious issue remains unresolved.
SCHOOL BOARD AT BEERSHEBA PRIMARY SCHOOL SCOFF AT AND CONTINUE TO DEFY LEGITIMATE DIRECTIVES THAT THE PERMANENT SECRETARY MINISTRY OF EDUCATION HAS GIVEN TO THE BOARD TO PAY OUTSTANDING AMOUNTS OWED
In a meeting that was held at the Ministry of Education on March 13, 2013 that was presided over by Mrs. Elaine Foster-Allen, Permanent Secretary, Ministry of Education and attended by a Legal Officer and Mrs. Maureen Dwyer from the Ministry of Education, Mrs. Tatlin Smith-Williams, Principal Beersheba Primary School, Mrs. Nadine Leachman, Regional Director, Region 5, Ministry of Education and two representatives from Beersheba Old Students Association (BOSA) – Rev. Phyllis Smith-Seymour, Chairman School Board Beersheba Primary School did not attend the meeting – the Permanent Secretary gave specific legitimate directive that was later given in writing to Rev. Phyllis Smith-Seymour, Chairman School Board Beersheba Primary School in which she was directed to make outstanding payments owed to Shanisa Jones, Beersheba Old Students Association (BOSA) and Vincent Samuels for expenses incurred in connection with Shanisa Jones a student Saint Elizabeth Technical High School (STETHS). The Permanent Secretary gave specific directive to the Chairman of School Board that payments should be made to the parties prior to Bermuda Trust Company Limited transferring the balance in James Richards Educational Trust Fund to Beersheba Primary School (New Trustee).
Outstanding amounts owed to the parties cover the period September 6, 2009 to November 2, 2011.
WHAT OTHER OPTION IS AVAILABLE TO THE AGGRIEVED PARTIES TO GET THE CONTENTIOUS DISPUTE RESOLVED?
Since Rev. Phyllis Smith-Seymour, Chairman School Board Beersheba Primary School continue to defy legitimate directives that the Permanent Secretary and Chief Accountant in the Ministry of Education has given to her, the only foreseeable action that is left for the aggrieved parties to pursue, is to engage the service of a reputable high profile lawyer who will be instructed to seek remedy through the Courts that will consider the evidence and ultimate hand down judgment in favour of the aggrieved parties – including interest that is to be calculated on outstanding amounts owed – against Beersheba Primary School (New Trustee) for James Richards Educational Trust Fund.
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