By KHASHAN POITIER

Guardian Staff Reporter

Luke Small, former Straw Vendors United Union president, who was charged with causing property damage to several Bay Street stores seven months ago, now claims he was unfairly removed from the straw market.

Moreover, Mr. Small contends that the reported details of the downtown rampage, which amounted to about $13,213 in damages, are inaccurate.

Commenting on a letter he received from the ministry of trade and industry Small said, "The truth have to come out. This letter came to me out of the clear blue sky and the administration said that they were instructed to send the letter to me."

The letter dated Dec. 11, 2003, and signed by acting permanent secretary William Munnings, states: "It has come to the attention of this ministry that you are currently operating stall No. 17 at the downtown market plaza. I am directed to inform you that in view of your impending court matter relative to the incident involving Bay Street merchants private properties, you are hereby suspended forthwith."

The letter continued, "while the ministry regrets its decision, it is not in the best interest of this ministry, the public or the vendors to allow you or any one to operate in contravention of the set rules and regulations of the straw market or the laws of The Bahamas."

Since charged, Small was incarcerated for five months and released on bail; his trial begins July 25.

Meanwhile, his attorney, Carl Bethel of Bethel, Moss & Co. in a letter to the ministry, charged that his client is being subjected to "double jeopardy," in that the offenses for which he had been charged already, have statutory penalties should he be convicted.

Recalling the night of the July rampage, Small said he and the vendors tried their best to clear out the market so the department of environmental health workers could clean the area. But lack of communication and Small's temper pushed him to pick up an ax and break front windows and glass doors of several Bay Street stores.

Subsequently, Small said vendors refused to let him represent them any longer... so he began operating a stall in the market and tried his best to "keep out of everyone's way."

He said: "After I got out on bail, the vendors told me, 'Mr. Small do not come back in the market and fix the entire place again for free. You have been doing it for nothing for too long. They paying people to look after the place, and you doing all the work for nothing.' So, I promised them that when I came out, I would be a vendor. So that's all I was doing, opening my stall in the day, trying to make a dollar and leaving."

Bethel's letter continued: "Mr. Small has not been convicted yet, but he has already been incarcerated for five months. He now faces the loss of all income and the ability to support his family. Surely, your ministry's additional sanction and punishment greatly outweigh the impact of the offense alleged against Mr. Small."

Bethel urged the minister to reconsider the decision, which "inflicts him (Small) with needless and on-going harm and damage."

Small recalls: "Memos were passed around telling us to move our belongings for the clean up. But, like I tried to explain to the management, if vendors don't have a son or other relative to move their stuff on a daily basis, then everything stays there. Most of those vendors are old. When the hurricane was here, most of people stuff were left under that tent. So that shows that they have no means of moving them."

"I told them, I wasn't afraid of getting arrested, because when the vendors got to work the next day I would have to explain to them why their stuff gone," he said.

Asked whether he will continue to be an activist for the vendors, Small said he does not need to retain the post of president, adding "the whole issue is in no way against Bay Street, but to expose some issues that can't hide no longer."

Posted: Friday January 9, 2004