The Director of Public Prosecutions (DPP), Paula Llewellyn, KC, has declared that her office cannot prosecute National Water Commission (NWC) CEO Mark Barnett and his wife, Attorney Annette Francis-Barnett, for alleged violations of the National Conservation Authority Act. The DPP cites the time-sensitive nature of the prosecution, stating that it had to be initiated within 12 months of the breach identification, and criminal action is now statutorily barred.

Llewellyn recommends an administrative review by the Kingston and St. Andrew Municipal Corporation (K-S-A-M-C) to determine whether to invite the police for a possible breach of the Building Act. Last year, the Integrity Commission issued a report on irregularities in the approval processes for a residential development on Charlemont Drive, Kingston 6. The Integrity Commission’s Director of Investigation, Kevon Stevenson, referred the matter to the DPP for appropriate action, as the Director of Corruption Prosecution lacked jurisdiction.

In response, Barnett was placed on immediate administrative leave in October last year to allow the NWC Board to thoroughly evaluate the Integrity Commission’s critical report. All office-related items were returned. The Commission recommended Annette Francis-Barnett be referred to the General Legal Council for possible breaches of professional ethics. 
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