More delay in UC Rusal 2021 fish kill case, postponed to March 2027
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The trial into the 2021 fish kill case against bauxite company UC Rusal for alleged environmental breaches involving the discharge of effluent into the Rio Cobre in St Catherine failed to get under way today as the matter faced further delays.
The matter was postponed after the court was informed today that the Clerk of Court had not retrieved files from the Office of the Director of Public Prosecutions (ODPP).
The office recently took over the prosecution of the case and handed it over to the Clerk of Court.
The National Environment and Planning Agency (NEPA) had commenced an investigation into the matter, which initially led to legal proceedings against the bauxite company under Section 11 of the Wildlife Protection Act.
With the delay, the matter was put off for mention on March 25, 2027.
The defence is to be served with disclosure by November 30, 2026.
UC Rusal is being prosecuted for the August 2, 2021, overflow of trade effluent from the company's storage ponds in Charlemont, St Catherine.
It is alleged that 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 alleging 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.
On Monday, the company was found guilty of causing trade effluent to flow into the Rio Cobre in St Catherine in October 2019 and was fined $100,000.
- Rasbert Turner
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