UC Rusal Rio Cobre fish kill trial pushed back over Evidence Act issue

The trial of bauxite company UC Rusal over alleged 2021 environmental violations linked to effluent entering the Rio Cobre in St Catherine did not get under way on Monday after the Crown and defence clashed over a procedural issue.

When the case was called in the St Catherine Parish Court on Tuesday, Acting Senior Parish Court Judge Janelle Nelson-Gayle voiced frustration that the matter was still outstanding.

"This is a 2021 case. It needs to be tried," Nelson-Gayle said.

The court heard that the scheduled hearing had to be moved because a requirement under the Evidence Act had not been met. The Crown, the court was told, had failed to provide the defence with a certificate that should have been served at least 30 days before the trial.

That omission left the judge with no room to proceed, and the case was put off to another date.

Before the new date was fixed, the parties accepted that computer-generated material, including evidence from cell phones, laptops and other electronic devices, would need to be supported by a certificate served on the defence before the trial could move ahead.

UC Rusal's managing director was bound over to attend court when the trial begins.

Three of the five National Environment and Planning Agency witnesses were in court during Tuesday's proceedings. Another witness, who is expected to be overseas for studies by August, was excused until needed.

The trial is now scheduled for October 12.

UC Rusal is before the court in relation to the August 2, 2021 overflow of trade effluent, sodium hydroxide, from the company's storage ponds at Charlemont in St Catherine.

The material flowed into tributaries connected to the Rio Cobre, where fish and other wildlife died.

Following an investigation by the National Environment and Planning Agency, UC Rusal was charged under the Wildlife Protection Act.

The case has already been listed for several mention dates in the Parish Court.

The company is also facing a separate court matter arising from a 2022 spill. In that matter, 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's case is that, in July 2022, trade effluent from a UC Rusal pond got into the Rio Cobre waterway in St Catherine, causing the death of fish and other wildlife.

NEPA's investigation into that incident also led to prosecution for alleged environmental breaches.