More delays for UC Rusal 2021 fish kill trial | News
The start of the trial against bauxite company UC Rusal for alleged environmental breaches in 2021 involving the discharge of effluent into the Rio Cobre in St Catherine could not proceed on Monday due to a procedural disagreement between the Crown and the defence.
When the matter came up in the St Catherine Parish Court on Tuesday, Acting Senior Parish Court Judge Janelle Nelson-Gayle expressed concern over the prolonged delay in the case.
“This is a 2021 case. It needs to be tried,” Nelson-Gayle said.
The court was told that the trial date had to be rescheduled because of a breach of a section of the Evidence Act.
It was revealed that the Crown did not serve a certificate on the defence as required under the Evidence Act, which stipulates that it should be provided at least 30 days in advance.
As a result, the judge was constrained and had to postpone the matter to a new date.
Before deciding on the new date, it was agreed that any computer-generated evidence, such as cell phones, laptops, or other electronic devices, must be accompanied by a certificate served on the defence in order for the matter to proceed.
The managing director of UC Rusal was bound over to return for the start of the trial.
During the proceedings, three of the five witnesses from the National Environment and Planning Agency (NEPA) were present.
One witness, who is expected to be studying overseas by August, was excused until required.
The trial was postponed to October 12.
UC Rusal is being prosecuted for the August 2, 2021, overflow of trade effluent, sodium hydroxide, from the company’s storage ponds in Charlemont, St Catherine.
The spill entered tributaries of the Rio Cobre, resulting in the death of fish and other wildlife.
An investigation by NEPA resulted in UC Rusal being prosecuted under the Wildlife Protection Act.
The matter has been before the Parish Court on several mention dates.
The company has another matter before the court regarding a spill that occurred in 2022.
In that case, UC Rusal is being tried under Section 11 of the Wildlife Protection Act and Section 12(1A) of the Natural Resources Conservation Authority Act.
The Crown is leading evidence that, in July 2022, trade effluent from a UC Rusal pond escaped into the Rio Cobre waterway in St Catherine, resulting in the death of fish and other wildlife.
An investigation by NEPA resulted in the company being prosecuted for the alleged environmental breaches.
– Rasbert Turner
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