UC Rusal 2022 fish kill trial stalled over outstanding disclosure
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The trial against bauxite company UC Rusal over a 2022 fish kill incident in the Rio Cobre failed to continue today in the St Catherine Parish Court due to a lack of disclosure by the prosecution to the defence.
The defence indicated that disclosure has remained outstanding for a protracted period and that the materials are needed for the trial.
It was argued that there must be disclosure before the matter can proceed.
Parish Judge Genetta Smikle agreed and told the Clerk of Courts that there is no intention to let the case continue into perpetuity and that all efforts must be made for it to be ready on the next court date.
The prosecution was given a deadline of September 1 to make the disclosure.
It was decided that the matter will be tried on October 28 and November 5.
UC Rusal is being tried under Section 11 of the Wildlife Protection Act and Section 12(1A) of the Natural Resources Conservation Act.
The Crown is leading evidence that in July 2022, trade effluent from a UC Rusal pond escaped into the waterway of the Rio Cobre in St Catherine, which resulted in the death of fish and other wildlife.
An investigation by the National Environment and Planning Agency (NEPA) resulted in the company being prosecuted for the environmental breaches.
Meanwhile, the company is also before the parish court in relation to a 2021 fish kill incident.
In that matter, 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.
- Rasbert Turner
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