THE fate of National Water Commission (NWC) President Mark Barnett still remains in limbo six months after he was placed on administrative leave following an explosive Integrity Commission (IC) investigation report which cited him and his wife, attorney-at-law Annette Francis Barnett, for various breaches relating to a housing development being undertaken by them.

The report, which was tabled in Parliament in October last year, concerned allegations of irregularities in the approval and post-permit monitoring processes in relation to the construction of a residential development by the Barnetts at 11 Charlemont Drive, Kingston 6.

When asked for an update on the matter during Wednesday’s post-Cabinet press briefing at Jamaica House, portfolio minister, Senator Matthew Samuda, told journalists that Barnett remains on administrative leave.

He said that the IC’s report and the director of public prosecutions’s (DPP) ruling on the matter “would have given the ministry and indeed the board of NWC great cause for concern”.

Samuda declined, however, to comment on whether Barnett would be returning to work or if there are negotiations underway for his separation from the agency, stating that this is a matter for the NWC’s board.

“They have followed the processes outlined under our labour laws and our internal procedures faithfully. Based on where that situation is, at this stage I will not comment further. But I can say that I share the concerns of the public, and I share the national assessment of the situation,” he said.

When pressed for further details on the matter, Samuda said he expects the board to comment on the matter as soon as they go through their assessment and review their legal options.

At this point, Robert Morgan, the minister in charge of information, chimed in to say that ministers “have zero influence, contact, or anything to do with disciplinary procedures related to public officers”.

He added, “It is outside of our remit as policymakers to interact with that process. So while it is okay for media to ask the minister questions, the entire process, as it relates to whether or not somebody is being disciplined or not, has nothing to do with either the Cabinet or ministers. I just want that to be very clear and understood,” he said.

In his report on the matter, the IC’s Director of Investigations Kevon Stephenson had concluded that Barnett and his wife had breached the building, planning, and environmental permits issued by the Kingston and St Andrew Municipal Corporation (KSAMC) and the National Environment and Planning Agency (NEPA) for the construction of the Charlemont Drive development, consisting of 12 one-bedroom units.

He said the fact that the development consists of six two-bedroom units and six three-bedroom units instead of 12 one-bedroom units demonstrated that there was a clear intention on the part of the Barnetts to contravene the terms of the building and planning permit.

In her ruling, the DPP said that although the allegations support the laying of criminal charges against the Barnetts for breaching the environmental permit, which is an offence under the Natural Resources Conservation Authority (NRCA) Act, there can be no prosecution, as criminal action is now statute-barred, given that the initiation of prosecution is time-sensitive and was not initiated within 12 months of the breach being identified.