Judiciary defends judge's actions in Rio Cobre pollution case

The judiciary is insisting that the presiding judge did not err in her handling of the Rio Cobre pollution case which was disposed of after a confidential mediation settlement between the National Environment and Planning Agency (NEPA) and Trade Wind Citrus Limited.

The out-of-court settlement in the high-profile environmental breach case, prompted NEPA’s legal officer to offer no evidence. That led St Catherine Parish Court judge Yvette Wentworth-Miller to enter a formal acquittal.

Director of Public Prosecutions Paula Llewellyn, in a statement on Friday, raised questions about the actions of the presiding judge and the parish court clerk in managing the case, and contended that the case was disposed of prematurely in November 2024.

“A formal verdict of acquittal was entered… [and] as a matter of law, the defendant… could not be re-tried,” Llewellyn said. “It was even more unfortunate that the court and the clerk of the court did not scrutinise/interrogate the matter more fulsomely or at the very least allow some time for the ODPP to intervene”.

She said the judge “mistakenly took the view that [she] could not view the contents of the ‘mediation settlement agreement’,” even though the court had authorised mediation and had the jurisdiction to ensure justice was served.”

However, a statement issued today by the Court Administration Division, which provides administrative services for the judiciary, said the trial judges are under no legal obligation to question or override a prosecutor’s decision to discontinue criminal proceedings.

It stated that judges do not initiate prosecutions, except in limited circumstances such as contempt committed in their presence, in which case the judge acts in a dual capacity. Outside of such instances, judges are neither investigators nor prosecutors, it said.

“This decision lies squarely within the remit of the prosecuting authority. There is no legal or factual basis to support the suggestion that the judge should have interrogated the matter or facilitated consultation with the ODPP. The judiciary does not operate as an agent of the ODPP, even in matters where a fiat has been issued,” it said.

It noted that “once that attorney formally indicated that the prosecution would not be proceeding, the trial judge had no legal authority to pursue the matter or assume prosecutorial responsibility”.

“The full responsibility for prosecuting the case rested with the prosecuting authority. The terms of the fiat appeared to confer full and final prosecutorial discretion on the counsel to whom it was granted,” it said.

It emphasised that the The Judiciary remains committed to maintaining the integrity of the law “ensuring impartiality, and making decisions following legal principles, while facilitating the efficient and timely resolution of matters brought before the court”.

Trade Winds, which owns the Tru-Juice brand and is a major employer in St Catherine, was charged in relation to a December 2023 oil spill.

NEPA's own investigations confirmed the discharge of petroleum into a drain and eventually into the Rio Cobre.

- Sashana Small

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