DPP should probe NEPA’s handling of Trade Winds matter

This is an open letter to the director of public prosecutions to investigate the National Environment and Planning Agency’s (NEPA’s) handling of the recent matter with Trade Winds Citrus Limited. We, 39 groups and individuals, write to express our grave concern regarding the recent actions of the Natural Resources Conservation Authority (NRCA) to withdraw criminal charges against Trade Winds Citrus Limited (TWCL) for causing an oil spill in the Rio Cobre in December 2023.

Under the fiat granted by your office, the National Environment and Planning Agency, the administrative arm of the NRCA is tasked with prosecuting environmental crimes. NEPA’s decision, however, to pursue mediation in this case raises serious questions about its commitment to environmental justice. We now urgently request a comprehensive investigation by your office into NRCA/ NEPA’s actions. This is critical to restoring public confidence in environmental law enforcement and ensuring that agencies with prosecutorial powers act at all times in the public’s interest.

Our concerns are as follows:

• Inappropriate mediation: Mediation, intended for compromise between private parties, is unsuitable for holding environmental offenders accountable, especially where there is significant public impact and public interest. It undermines deterrence and signals leniency towards environmental crimes.

• Narrow focus: NEPA’s reasoning prioritised the fish kill while disregarding the broader impacts of the oil spill on the river ecology, river users, and the surrounding communities.

• Vague and unenforceable promises: NEPA dropped the case based on vague assurances from TWCL, including commitments to best practices and collaboration, which lack clear enforcement mechanisms. This demonstrates a lack of interest in prosecuting environmental crimes and a lack of intent to hold environmental offenders accountable within the criminal justice system.

• Stifling accountability: The agreement to prevent legal action by either party and prohibiting NEPA from assisting communities or other victims who may want to bring action against TWCL stifles the communities’ and the public’s rights to seek justice, undermining and betraying public trust in environmental governance and the administration of justice.

• Lack of transparency and community consultation: NEPA’s decisions were made without sufficient public disclosure or meaningful engagement with affected communities. This exclusion denies stakeholders of their right to participate in the resolution of a matter directly impacting their lives and environment. The inclusion of a confidentiality clause in the mediation agreement, intended to shield its terms from public and judicial scrutiny, is unacceptable given the public nature and significant interest in this offence.

This matter remains unresolved. The public deserves full transparency and public accountability regarding NEPA’s decision-making processes and assurance that environmental laws will be enforced openly, vigorously, and with due regard for environmental law standards, principles, and best practices.

Environmental crimes demand robust legal action – not alternative resolutions that fail to deliver justice or protection of natural resources. We urge your office to revisit this case, investigate NEPA’s actions, and undertake a long overdue broader review of NEPA’s prosecutorial effectiveness to strengthen environmental governance.

This open letter has been penned by a collective of 39 civil society organisations and individuals. Send feedback columns@gleanerjm.com