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Director of Public Prosecutions Paula Llewellyn - Gleaner photo
Director of Public Prosecutions (DPP) Paula Llewellyn has recommended that criminal charges be laid against the R Hotel in St Andrew in connection with a birthday celebration at the location on a no-movement day.
The incident also involved government minister Floyd Green and Councillor Andrew Bellamy, but the DPP has not recommended charges against them.
The ruling was sent to the police on Friday in relation to the birthday celebration on September 14, 2021.
DPP Paula Llewellyn said criminal charges may be laid against the R Hotel for breach of section 14 (10) of the Principal Act for its failure to abide by Ministry of Tourism Protocols.
The ruling was made after a team from the Office of the DPP examined video footage from the hotel.
The DPP concluded that the R Hotel was licensed to operate under the Disaster Risk Management Act, DRMA, but may have breached the rules as it relates to operation of its bar and dining area.
Ms Llewellyn noted that in the dining area where persons were gathered on the day in question, the tables were clad with what appeared to be cutlery prior to the arrival of guests.
She said the video also depicts 19 persons standing around the centre table appearing to toast without any social distancing and not wearing masks.
But she pointed out that Ministry of Tourism Protocols dictate that tables should not be set in the usual manner and should be properly spaced.
It also limits groups in these areas to a maximum of 10.
The DPP said it was her view that the R Hotel and its management are responsible for ensuring that the Ministry of Tourism Protocols are enforced and therefore where such protocols are breached on their property, they would be liable for sanctions under the DRMA.
She explained that it was now up to the police to decide whether to initiate prosecutions, if they believe it is appropriate to do so based on the viability of the case.
A breach of section 14(10) of the DRMA attracts a maximum penalty of one million dollars.
EXPLANATION
The DPP also explained her decision not to recommend charges against Mr. Green and others identified in the footage.
She said Mr. Green and councillor Andrew Bellamy could not be prosecuted because they were exempt from the no-movement protocols, given their government roles.
She also said Dave Powell, a National Solid Waste Management Authority employee, was exempt as well since the agency's workers also fall in the group of persons allowed to move during the period of restriction.
Ms Llewellyn further stated that she was unable to say whether any of the party attendees had arrived at the hotel on the no-movement day based on the video footage received.
It was for this reason, she said, that she did not recommend any against Mr Green's then advisor, Gabrielle Hylton.
The DPP also explained that the absence of masks at the restaurant did not constitute a breach of law as patrons are allowed to remove their masks in such establishments.
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