Subscribe Login
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup 2022
      • Olympics
      • #
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obituaries
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup 2022
      • Olympics
      • #
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obituaries
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
  • Home
  • News
    • International News
  • Latest
  • Business
  • Cartoon
  • Games
  • Food Awards
  • Health
  • Entertainment
    • Bookends
  • Regional
  • Sports
    • Sports
    • World Cup
    • World Champs
    • Olympics
  • All Woman
  • Career & Education
  • Environment
  • Webinars
  • More
    • Football
    • Elections
    • Letters
    • Advertorial
    • Columns
    • Editorial
    • Supplements
  • Epaper
  • Classifieds
  • Design Week
Sloppy and questionable
The housing complex at 11 Charlemont Drive, St Andrew, built by National Water Commission head Mark Barnett and his wife Annette Francis-Barnett. (Photo: Karl Mclarty)
News
January 12, 2024

Sloppy and questionable

DIRECTOR of Public Prosecutions (DPP) Paula Llewellyn held no punches as she questioned the Kingston and St Andrew Municipal Corporation’s (KSAMC) handling of the suspected breaches of the Building Act by National Water Commission (NWC) head Mark Barnett and his wife Annette Francis-Barnett.

In a ruling handed down on Wednesday, in response to a report submitted to her by the Integrity Commission last October, the DPP said the KSAMC should conduct an administrative review in accordance with the provisions of the Building Act and decide if an invitation is to be issued to the police to conduct an investigation into possible breaches of the Act.

Llewellyn noted that KSAMC issued a permit to the Barnetts to build ‘two three-storey blocks consisting of 12 one-bedroom units each’ at the Charlemont Drive property.

“This permit was amended; however, there is no indication that the amendment related to, or increased the type of units stipulated in the initial permit. The amendment only modified the layout of the units in Block B and an expansion of the units in Block A by 60 square feet,” said the DPP.

National Water Commission President Mark Barnett and his wife Annette Francis-Barnett.

However, the development by the Barnetts was done with two-bedroom units and three-bedroom units contrary to the building permits.

“An assessment of section 17 of the Building Act, against the available evidentiary material, shows that there is ample information from which a relevant authority may conclude that the permittees were in breach of the amended permit under the Building Act. This includes information from checks initially made by NEPA [National Environment and Planning Agency] where they formed the view, having seen the building works, that the units in the development being constructed were not in accordance with the permit issued by the KSAMC.”

In a particularly biting criticism of the KSAMC, the DPP pointed to information unearthed during the investigation concerning the seemingly discrepant views between the officer from the KSAMC and the officers from NEPA.

“The material suggests that the officer from NEPA observed and noted the breach on the 17th of December, 2020; however, seven days prior, on the 10th of December, 2020, Mr Clarke from the KSAMC visited the location and found that the building structure was compliant with the approved building plans issued by the KSAMC for the property located at 11 Charlemont Drive, Kingston 6 and that the number of rooms observed on the development was congruent with the number of rooms outlined in the approved building permit,” noted the DPP.

LLEWELLYN… the disparity in the relevant observations of NEPA and the KSAMC is quite concerning

“The disparity in the relevant observations of these two significant agencies is quite concerning; NEPA, that is responsible for seeing to the environmental concerns of the country, and KSAMC, who has the responsibility of managing and maintaining high standards in the building code cannot be overlooked. As public officers, basic governance principles dictate that with great power there must also come great responsibility.

“The actions of public servants, in the performance of their functions, ought to be beyond reproach in order to instil confidence of the public in the local authority/KSAMC. It is imperative that the actions of the office of the chief engineering officer, including the senior building officer, be assessed by the KSAMC and [its] parent ministry,” said Llewellyn.

She pointed out that the issue of the treatment of breaches of the Building Act rests largely at the discretion of the KSAMC which has the authority to issue permits for building works but also the mandate to ensure compliance with the permit.

Llewellyn noted that the KSAMC has the discretion of imposing a fixed penalty on the developer or taking the matter to court.

“Section 78 [of the Building Act] would oblige the KSAMC to spearhead the investigative process and make a determination whether they will follow up on the fruits of the investigation such that they are further mobilised to initiate prosecution in what would be a viable case.

“If they take the view that they are not minded to issue a fixed penalty notice, they may then invite the JCF [Jamaica Constabulary Force] to assist them in the administration of their investigative functions and place the matter before the court so the ingredients of the offence can be proved to the requisite standard,” said the DPP.

She charged that based on the evidentiary material, it appears the KSAMC, including its chief engineering officer, did not make use of the extensive regulatory powers under the Building Act and argued that there is a need for an administrative review by the KSAMC and/or the Ministry of Local Government.

“It is rather alarming and quite surprising that in his statement Mr Xavier Chevannes, the chief engineering officer [of the KSAMC], said ‘upon completion of the construction, there was no certificate of completion issued’,” said the DPP.

“It would appear that he would have benefited from legal advice, as even the most cursory reading of the Act shows that the duties imposed on him and the local authority, were at that time provided for in the Building Act. Neither he nor his department issued any of the required certificates under relevant sections,” added the DPP.

{"website":"website"}{"jamaica-observer":"Jamaica Observer"}
img img
0 Comments · Make a comment

ALSO ON JAMAICA OBSERVER

Higgler charged for being armed with offensive weapon
Latest News, News
Higgler charged for being armed with offensive weapon
November 29, 2025
KINGSTON, Jamaica — A higgler has been charged with being armed with an offensive weapon following a police operation at Mahoe Drive on Friday, Novemb...
{"jamaica-observer":"Jamaica Observer"}
PAHO urges Caribbean to strengthen response to HIV
Latest News, Regional
PAHO urges Caribbean to strengthen response to HIV
November 29, 2025
WASHINGTON, United States (CMC) – The Pan American Health Organisation (PAHO) on Friday urged countries of the Americas, including the Caribbean, to s...
{"jamaica-observer":"Jamaica Observer"}
Domino’s Pizza Jamaica expands with Havendale outlet
Business, Latest News
Domino’s Pizza Jamaica expands with Havendale outlet
Vanassa McKenzie, Observer Online reporter, mckenziev@jamaicaobserver.com 
November 29, 2025
Domino’s Pizza has expanded its footprint in Jamaica with the opening of a new store in Havendale, St Andrew, a move the restaurant chain says is driv...
{"jamaica-observer":"Jamaica Observer"}
Gov’t to revamp NSHP to address evolving housing demands
Latest News, News
Gov’t to revamp NSHP to address evolving housing demands
November 29, 2025
ST JAMES, Jamaica — Prime Minister Dr Andrew Holness has announced plans to revamp the New Social Housing Programme (NSHP) in order to better meet Jam...
{"jamaica-observer":"Jamaica Observer"}
Oscar-winning UK playwright Tom Stoppard dies aged 88
International News, Latest News
Oscar-winning UK playwright Tom Stoppard dies aged 88
November 29, 2025
LONDON, United States (AFP) — British playwright Tom Stoppard, who won an Oscar for the screenplay of the 1998 movie "Shakespeare In Love", has died a...
{"jamaica-observer":"Jamaica Observer"}
Monaco shock PSG as Minamino scores winner
Latest News, Sports
Monaco shock PSG as Minamino scores winner
November 29, 2025
MONACO, Principality of Monaco (AFP) -- Japan's Takumi Minamino scored the only goal of the game as Monaco shocked reigning champions Paris Saint-Germ...
{"jamaica-observer":"Jamaica Observer"}
Ricky Sai Sai launches latest single
Entertainment, Latest News
Ricky Sai Sai launches latest single
November 29, 2025
The first time Ricky Sai Sai visited Jamaica, it was 1992. He was overwhelmed being in the country of his heroes which include Bob Marley and Yellowma...
{"jamaica-observer":"Jamaica Observer"}
Last-gasp Foden goal spares Man City’s blushes in win over Leeds
Latest News, Sports
Last-gasp Foden goal spares Man City’s blushes in win over Leeds
November 29, 2025
LONDON, United Kingdom (AFP) -- Phil Foden spared Manchester City's blushes with the last-gasp winner after the Premier League title challengers blew ...
{"jamaica-observer":"Jamaica Observer"}
❮ ❯

Polls

HOUSE RULES

  1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper; email addresses will not be published.
  2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.
  3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.
  4. Please do not write in block capitals since this makes your comment hard to read.
  5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.
  6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.
  7. Lastly, read our Terms and Conditions and Privacy Policy

Recent Posts

Archives

Facebook
Twitter
Instagram
Tweets

Polls

Recent Posts

Archives

Logo Jamaica Observer
Breaking news from the premier Jamaican newspaper, the Jamaica Observer. Follow Jamaican news online for free and stay informed on what's happening in the Caribbean
Featured Tags
  • Editorial
  • Columns
  • Health
  • Auto
  • Business
  • Letters
  • Page2
  • Football
Categories
  • Business
  • Politics
  • Entertainment
  • Page2
  • Business
  • Politics
  • Entertainment
  • Page2
Ads
img
Jamaica Observer, © All Rights Reserved
  • Home
  • Contact Us
  • RSS Feeds
  • Feedback
  • Privacy Policy
  • Editorial Code of Conduct