KSAMC hits a snag in Charlemont Drive complex probe
Only one apartment inspected so far as owners take possession of other units
Published:Sunday | December 22, 2024 | 12:12 AMLivern Barrett - Senior Staff Reporter
An inspection at a single apartment in a St Andrew housing development that was the subject of an Integrity Commission (IC) investigation a year ago has confirmed several building permit violations, but the municipal authority is facing a challenge in examining the entire complex.
The inspection was conducted by the Kingston and St Andrew Municipal Corporation (KSAMC) as part of an investigation it promised in January, following the tabling of an IC report citing several breaches and the expiry of the time allowed for prosecutorial action.
The apartments were constructed by ex-public official Dr Mark Barnett, his wife Annette, and developer Phillip Smith.
The probe was announced amid a firestorm of criticisms following the release of a report by the IC, which first uncovered the permit violations at the apartment complex, and the failure by authorities to file criminal charges against the developers before the statute of limitations expired.
The apartment inspected by the city’s chief engineering officer and a team from the KSAMC remains in the ownership of the developers and was the only one they got access to, according to Robert Hill, CEO of the KSAMC.
The dates of the inspections were not disclosed, but the municipal authority told The Sunday Gleaner that during two site visits, the team found that there were “unapproved alterations done to the internal structures which did not, in any way, form part of the original approval granted by the KSAMC”.
He did not disclose details.
“Consequently, it is the view of the chief engineer that the other units ought to be investigated to ascertain if similar breaches exist,” Hill disclosed on Friday in response to questions submitted by The Sunday Gleaner.
But he said this is proving to be a challenge as the units are now individually owned and permission would have to be granted by each owner for inspections to be conducted.
“Nonetheless, we are seeking legal advice on this next step as it is critical to the progress of the investigation,” Hill said.
The report by the IC revealed that the regulatory body, the National Environment and Planning Agency (NEPA) issued building, planning and environmental permits to the Barnetts on August 13, 2019 for the construction of two three-storey blocks consisting of 12 one-bedroom units at Charlemont Drive in Hope Pastures, St Andrew.
The developers were also granted a building permit by the KSAMC the following day.
However, IC Director of Investigations Kevon Stephenson concluded in a 90-page report made public in October 2023 that the completed development consists of six two-bedroom units and six three-bedroom units “in breach of the permits issued”.
Evidence collected by investigators and reviewed by prosecutors revealed that NEPA was aware of the breaches from late 2020, when they were initially flagged by a building inspector.
In January, the Office of the Director of Public Prosecutions (ODPP), the country’s prosecutorial authority, noted that allegations of irregularities made against Dr Barnett, then president of the state-owned NWC, and his wife “support the laying of criminal charges against them”. However, it said authorities were out of time to lay criminal charges.
It explained that Section 37 of the NRCA Act blocks the prosecution of any breaches under the legislation after the lapse of 12 months from the alleged breach.