Friends of Rio Cobre chides NEPA after pollution case against Wisynco withdrawn

 

Vice Chairman of the St. Catherine Parish Development Committee and President of Friends of the Rio Cobre, Kestonard Gordon, says confidence in the National Environment and Planning Agency (NEPA) has further plummeted, following the prosecution's withdrawal of the case against Wisynco for breach of section 11 of the Wildlife Protection Act. 

 

It was revealed Monday that Wisynco was a freed of a pollution charge in the St. Catherine Parish Court after the prosecution admitted it did not have enough evidence to link the manufacturing and distribution company to the release of fluids into the Rio Cobre in July 2023. 

 

Director of Public Prosecutions Paula Llewellyn, who provided an explanation on the outcome of the matter, noted that several observations were made after reviewing the statements on file and seeking clarity from the NEPA staff. 

 

These include that no samples of water were taken by NEPA or the affected area for testing to be done to determine whether it fell within the definition of trade effluent, industrial waste, sewage, noxious or polluting matter. 

 

In a stinging rebuke of the environmental protection agency, Mr. Gordon said NEPA failed in its duty to conduct a thorough investigation into the allegations against Wisynco.

 

"This is another case of gross negligence and incompetence on the part of NEPA, and this has further instilled no confidence from the community towards NEPA. The distrust of NEPA has been intensified and so the question is, how can we continue to work with an entity that is entrusted with protecting the environment, [that] could be so negligent in gathering information that will secure a prosecution?" 

 

The DPP said no testing of the fish was done to determine cause of death and no sample was taken by NEPA from the damaged pipeline that was discharging fluids into the Rio Cobre.

 

Ms. Llewellyn said the substance that flowed through the pipe was also never scientifically identified, and it should be noted that a NEPA officer, in her statement, indicated that she formed the view that Wisynco was not aware that its pipe was leaking fluids into the river.

 

In the meantime, Mr. Gordon called from members of the Jamaica Constabulary Force to be trained to investigate environmental breaches as well as an environmental court to deal with such matters.

 

In her statement on Monday, DPP Llewellyn said since her revocation of the general fiat in May for NEPA to prosecute environmental breach cases, there have been several training, collaborative and consultative sessions between the two offices. 

 

Ms. Llewellyn said this will continue to improve the investigative and prosecutorial capabilities of the staff at NEPA in their handling of the investigation of environmental breaches.