The Opposition is demanding answers from the National Environment and Planning Agency (NEPA) over its handling of construction breaches at the property located at Charlemont Drive in St Andrew.

The Opposition contended that the CEO of NEPA must take full responsibility for the agency’s failure to act with alacrity in addressing the breach once it was discovered. It is this tardiness, the Opposition argued, that led to the director of public prosecutions concluding that the matter is statute-barred from being prosecuted by her office.

Shadow Minister on Environment and Ecological Heritage Senator Sophia Frazer-Binns said: “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.”

The Kingston and St Andrew Municipal Corporation (KSAMC) and the National Environment and Planning Agency had issued building, planning and environmental permits to Mark Barnett and his wife Annette for the construction of two three-storey blocks consisting of 12 one-bedroom units.

However, it was found that the nearly completed development consists of six two-bedroom units and six three-bedroom units “in breach of the permits issued” following a probe by the Integrity Commission. Mark is the current president of the state-owned National Water Commission and his wife is a practising attornet-at-law.

The Opposition is adamant that NEPA has a duty to inform the country on the reason for its tardiness in dealing with the matter. Furthermore, the Opposition is demanding transparency on the reasons behind NEPA’s inactions relating to the breaches.

Senator Frazer Binns further posited that “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 recalled that a private member’s motion was tabled by her over three years ago to amend the NRCA Act and, to date, has not been debated in the Senate.

Meanwhile, the Opposition Shadow Minister of Justice Senator Donna Scott-Mottley noted that the interpretations of the DPP’s ruling are grave. She expressed 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 or NEPA would be quick to issue a stop order to take the matter to court to have the building demolished,” she said.

Scott-Mottley emphasised the need for a fair and just legal system that transcends social classes. “The notion that certain groups enjoy immunity from legal consequences undermines the foundation of our democratic society. We must work towards ensuring equality for all, regardless of their social standing,” she argued.

The Opposition is, therefore, urging the prime minister, in his capacity as the minister with responsibility for NEPA, to launch an urgent investigation into this debacle and to publicly address the matter in the interest of transparency and accountability.