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
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • International
      • #
    • 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
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
    • Home
    • News
      • Latest News
      • Cartoon
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • International
      • #
    • 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
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
  • Home
  • 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
    • Letters
    • Advertorial
    • Columns
    • Editorial
    • Supplements
  • Epaper
  • Classifieds
  • Design Week
Judiciary says it could not override ODPP decision to drop case against Trade Winds Citrus
Boom being set up to stop/block the flow of the oil. (Photo: NEPA)
Latest News, News
May 12, 2025

Judiciary says it could not override ODPP decision to drop case against Trade Winds Citrus

KINGSTON, Jamaica — The Judiciary of Jamaica says it had no authority to continue pursuing the Trade Winds Citrus Limited (TWCL) case following the decision of an agent of the Office of the Director of Public Prosecutions (ODPP) not to proceed with the matter.

“A trial judge is under no legal duty to question or override a prosecutor’s decision not to proceed with a criminal matter. In our justice system, prosecutions are initiated either by the sovereign (via the ODPP) or by a private party through the granting of a fiat. Judges do not initiate prosecutions, except in limited circumstances such as contempt committed in their presence, in which case the judge acts in a dual capacity,” the Judiciary said in a statement on Monday.

It added that outside of such instances, judges are neither investigators nor prosecutors.

The Judiciary was responding to recent comments made by the ODPP in a Jamaica Gleaner article, particularly the assertion that “it was even more unfortunate that the court and the clerk of the court did not scrutinise/interrogate the matter more fulsomely or at the very least allow some time for the ODPP to intervene”.

The Judiciary noted that it was also stated in the article that the presiding judge “mistakenly took the view that [she] could not view the contents of the ‘mediation settlement agreement”, despite the court having authorised mediation and holding the jurisdiction to ensure justice was served.

“There is no legal or factual basis to support the suggestion that the judge should have interrogated the matter or facilitated consultation with the ODPP. The judiciary does not operate as an agent of the ODPP, even in matters where a fiat has been issued,” the Judiciary said in response.

It added that there was no indication that the attorney-at-law who appeared before the court lacked proper authority under the fiat and said once the attorney formally indicated that the prosecution would not be proceeding, the trial judge had no legal authority to pursue the matter or assume prosecutorial responsibility.

“The full responsibility for prosecuting the case rested with the prosecuting authority. The terms of the fiat appeared to confer full and final prosecutorial discretion on the counsel to whom it was granted,” it reaffirmed.

Following pollution in a section of the Rio Cobre that resulted in a lawsuit against Trade Winds Citrus, a non-disclosure agreement was signed between the company and the Natural Resources Conservation Authority (NRCA), involving the National Environment and Planning Agency (NEPA), in December 2024 to discontinue legal action.

The agreement was met with public outrage including criticisms from the Opposition and concern from the Government, and with mounting public pressure, the contents were eventually made public.

READ: Under NDA Trade Winds Citrus does not accept liability; faces no future lawsuit

READ: NEPA chronicles reasons for withdrawing case against Trade Winds Citrus over Rio Cobre pollution 

In its response, the Judiciary added that it remains committed to upholding the rule of law, ensuring impartiality and making decisions following legal principles, while facilitating the efficient and timely resolution of matters brought before the court.

Tags:

DPP judiciary Rio Cobre Trade Winds Citrus Limited
{"jamaica-observer":"Jamaica Observer"}
img img
0 Comments · Make a comment

ALSO ON JAMAICA OBSERVER

Missing biker found dead in St Mary ditch
Latest News, News
Missing biker found dead in St Mary ditch
June 1, 2025
ST Mary, Jamaica – A motorcyclist who went missing while travelling with fellow bikers from a party in St Mary early Sunday morning has been found dea...
{"jamaica-observer":"Jamaica Observer"}
Phillips raises questions about Govt’s rural school bus programme
Latest News, News
Phillips raises questions about Govt’s rural school bus programme
June 1, 2025
Opposition Spokesman on Transport, Mikael Phillips has raised questions about the Government’s rural bus service which is currently being rolled out i...
{"jamaica-observer":"Jamaica Observer"}
Several injured after passenger bus overturns in Junction, St Mary
Latest News, News
Several injured after passenger bus overturns in Junction, St Mary
June 1, 2025
ST MARY, Jamaica – Several people were injured when a passenger bus overturned along the Junction main road in St Mary on Saturday. It is reported tha...
{"jamaica-observer":"Jamaica Observer"}
Latest News, News
‘2020 was a fluke’: Campbell dares Holness to call general election
June 1, 2025
KINGSTON, Jamaica – People’s National Party (PNP) General Secretary Dr Dayton Campbell is daring Prime Minister Dr Andrew Holness to call the general ...
{"jamaica-observer":"Jamaica Observer"}
Dembele, Doue among seven PSG players on Champions League team of the season
Latest News, Sports
Dembele, Doue among seven PSG players on Champions League team of the season
June 1, 2025
PARIS, France (AFP) -- Paris Saint-Germain strikers Ousmane Dembele was named Champions League player of the season as UEFA on Sunday picked seven of ...
{"jamaica-observer":"Jamaica Observer"}
Verstappen punished after ramming into Russell
Latest News, Sports
Verstappen punished after ramming into Russell
June 1, 2025
BARCELONA, Spain (AFP) -- Max Verstappen clattered into a fresh controversy on Sunday when stewards ruled he rammed rival George Russell in the closin...
{"jamaica-observer":"Jamaica Observer"}
Majestic Root’s ODI best seals England’s series win over the West Indies
Latest News, Sports
Majestic Root’s ODI best seals England’s series win over the West Indies
June 1, 2025
CARDIFF, United Kingdom (AFP) -- Joe Root struck his maiden one-day international score of over 150 as England beat the West Indies by three wickets i...
{"jamaica-observer":"Jamaica Observer"}
Sprint hurdler Britany Anderson newly married, expecting first child
Latest News, Lifestyle, Sports
Sprint hurdler Britany Anderson newly married, expecting first child
June 1, 2025
Former national record holder and World Championship silver medallist Britany Anderson recently got married and is expecting a child. She shared the e...
{"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