The Tribune

By DENISE MAYCOCK

Tribune Freeport Reporter

dmaycock@tribunemedia.net

Two men accused of illegal oil dumping in the Barbary Beach area were arraigned in the Freeport Magistrate’s Court on Friday.

Richard Antonio Levy Jr, 25, of Hanna Hill, Eight Mile Rock; and Morrison Nelson, 26, of No 10 Tahiti Drive, Freeport, appeared in Court Three before Magistrate Charlton Smith. 

They were represented by Attorney Carlson Shurland, who was assisted by Paco Deal.

The men were charged with discharging a hazardous substance in the environment contrary to the Environmental Planning and Protection Act.

It is alleged that between January 2019 and October 2020, Mr Levy and Mr Nelson while being concerned together discharged a hazardous substance, namely oil, into the environment on Elton Lane at Barbary Beach.

Both men pleaded not guilty to the charges.

According to reports, on October 21, police became aware of a video circulating on social media regarding indiscriminate dumping of oil in the area of Barbary Beach and launched an investigation.

During the arraignment, Mr Shurland argued that the court did not have jurisdiction to charge his clients under the new Environmental Planning and Protection Act, which became statue law on December 2019, replacing the Environmental Protection Act.

“If the matter is alleged to have happened January 2019 through December 2019 it falls under the Environmental Protection Act, and anything after December 2019 and October 2020 would fall under the new act, the Environmental Planning and Protection Act,” he said.  

He also argued that in the particulars the period of time the offence is alleged to have occurred is too broad and does not provide his clients the ability for an alibi. “The period of time is almost two years,” he argued.

Ashley Carroll of the Attorney General Office countered that the court does have jurisdiction to charge the accused men under the new act that replaced the old Act.

On the issue raised by Mr Shurland concerning his client’s ability for alibi, she said that it was premature at this stage, and that the prosecution has a duty to bring evidence before the court during trial.

The prosecution did not object to bail. The men have no antecedents and are currently employed.   

Magistrate Smith granted the men $4,000 bail with one surety. 

The matter was adjourned to February 2, 2021 in Court One.