Too late to charge NWC president and his wife - DPP

President of the state-owned National Water Commission (NWC), Dr Mark Barnett, and his wife, Annette, appear to have escaped criminal prosecution over alleged breaches of an environmental permit for their St Andrew development project.

A ruling by the country's prosecutorial authority noted that allegations of irregularities made against the Barnetts support the laying of criminal charges against them, but said the passage of time has made the case statute-barred.

A case is statute-barred when the time frame stipulated in law for it to be placed before the court has expired.

Instead, the Office of the Director of Public Prosecutions (ODPP) has directed that the case against Barnett and his wife Annette be referred to the Kingston and St Andrew Municipal Corporation (KSAMC) to conduct an “administrative review” in accordance with the provisions of the Building Act.

“Consequent upon the result of this administrative review, it would be a matter purely within the remit of the KSAMC to decide whether an invitation is to be issued to the Jamaica Constabulary Force to conduct an investigation into possible breaches of the said Building Act,” the ODPP said.

The legal opinion by the ODPP was made public on Thursday by the Integrity Commission, the country's main anti-corruption body.

The allegations against Barnett, his wife, Annette, and developer Phillip Smith stem from the construction of an apartment complex at 11 Charlemont Drive in St Andrew.

An investigation conducted by the IC confirmed that the National Environment and Planning Agency issued building, planning and environmental permits to the Barnetts for the construction of two three-storey blocks consisting of 12 one-bedroom units.

However, Director of Investigations at the Integrity Commission Kevon Stephenson concluded, in a scathing 90-page report made public last October, that the development, now listed as completed, consists of six two-bedroom units and six three-bedroom units, “in breach of the permits issued”.

Barnett was placed on administrative leave on October 13 last year following the release of the report.

The ODPP indicated, in its legal opinion, that the breach of the environmental permit is an offence under the Natural Resources Conservation Authority Act, but noted that “initiation of the prosecution is time sensitive”.

“It [prosecution of the case] having not been initiated within twelve months of the breach being identified, the criminal action is now statute barred,” the ODPP said, explaining its legal opinion.

“Therefore, there can be no prosecution.”

- Livern Barrett

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