PNP says NEPA head must be held responsible for building breach prosecution lapse

The Opposition People's National Party (PNP) says the head of the National Environment and Planning Agency must take full responsibility for the agency's failure to act with alacrity in addressing construction breaches at the property located at Charlemont Drive in St Andrew.

It also wants Prime Minister Andrew Holness to launch an urgent investigation into the issue.

Last week, Jamaica's prosecutorial authority ruled that allegations of irregularities made against the developers, suspended National Water Commission (NWC) boss Mark Barnett and his wife, Annette, support the filing of criminal charges against them, but that the case is now statute-barred.

A case is statute-barred when the time frame stipulated in law expires before it is placed before the court.

Legal experts have said it was the Natural Resources Conservation Authority (NRCA) that botched the potential criminal prosecution. The NRCA has oversight responsibility for NEPA.

And in a media release, the PNP said it was deeply concerned about how NEPA handled the matter.

"We are calling on NEPA to provide clear answers regarding their handling of this matter. Despite possessing prosecutorial powers, NEPA failed to act in a timely manner,” opposition spokesperson on Environment and Ecological Heritage, Sophia Frazer-Binns stated.

She also noted that she tabled a private member's motion over three years ago to amend the NRCA Act and, to date, it has not been debated in the Senate.

"Given the increasing number of breaches and deviations by industry players, the Opposition renews its call for an urgent review of the National Resources Conservation Authority Act (NRCA)," she said.

Meanwhile, opposition spokesperson on Justice, Donna Scott-Mottley, said the prime minister, in his capacity as the minister with responsibility for NEPA, should launch an urgent investigation into this debacle and publicly address the matter in the interest of transparency and accountability

She argued that the interpretations of the DPP's ruling are grave, expressing concern over the public perception that the law does not apply equally to all members of society.

“If an ordinary citizen, not so connected, had committed these breaches, the KSAMC (Kingston and St Andrew Municipal Corporation) or NEPA would be quick to issue a stop order to take the matter to court to have the building demolished," she said.

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