NWC President Mark Barnett - Gleaner file photo
Director of Public Prosecutions Paula Llewellyn has ruled that NWC President Mark Barnett and his wife Annette Francis-Barnett cannot be prosecuted for breaching the environmental permit for their development located at 11 Charlemont Drive, Kingston 6, as the time has expired.
The DPP in her decision shared with the Integrity Commission on Wednesday stated that the initiation of the prosecution is time sensitive and it not been initiated within twelve months of the breach being identified, the criminal action is now statute barred.
She noted that the material submitted by the Integrity Commission along with the relevant legislative provisions, does support the laying of criminal charges against the couple for breaching the Natural Resources Conservation Authority Act.
But, Ms Llewellyn said given that the breach was first identified by the National Environment and Planning Agency on December 17, 2020, prosecution should have been initiated by December 17, 2021.
Section 37 of the NRCA Act bars prosecution of any breach after the lapse of twelve months from the date of commission of the alleged breach to when the relevant authority is made aware of the infraction.
The DPP said the circumstances of the matter highlights the failure of the National Environment and Planning Agency (NEPA) to act on and escalate the breach of the environmental permit which has conclusively barred any sanction being effected consequent upon a successful prosecution.
Ms. Llewellyn further recommended that the matter be referred to the Kingston and St. Andrew Municipal Corporation to conduct an administrative review in accordance with the provisions of the Building Act.
She said based on the result of the review, it would be within the remit of the KSAMC to decide whether to invite the police to investigate into possible breaches of the Act.
In October last year, the Integrity Commission's Director of Investigation referred his Report of Investigation into the Charlemont Drive development to the DPP "for appropriate action" in keeping with the provisions of the Integrity Commission Act.
Following the tabling of the report, Mr. Barnett was sent on administrative leave from the NWC.
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