WATCH: NPA versus EnviroServ, court case postponed
There's a possibility that new evidence has surfaced following additional charges to EnviroServ's charge sheet.
NEW information has surfaced in the National Prosecution Authority’s (Green Scorpions) case against EnviroServ and its CEO, Dean Thompson.
Thompson, appeared in the Durban Magistrate’s Court on earlier today to face charges of contravening the National Air Quality Act as well as the possibility of administrative investigation. However, additional charges to EnviroServ’s charge sheet has forced the magistrate to postpone the NPA’s case against EnviroServ and Thompson to 17 August.
Natasha Kara, regional communications manager of the National Prosecuting Authority: KZN said due to further statements/evidence coming to light, the existing charge sheet will have to be amended with the possibility of more charges being added.
“The charge sheet is, therefore, not a final charge sheet. It is for that reason that I cannot, at this stage, confirm the charges faced by the accused,” said Kara.
The senior state advocate, Yuri Gangai, handed the docket on disc to Thompson’s attorney, Mr Hewett, but said the additional charges had not been added to the disc and he would make it available soon.
Hewett argued that the charge sheet is questionable considering the information was not complete and it was on a disc rather than a hard copy. He insisted the State make it available in a printed copy so the case isn’t jeopardised when it goes to trial.
UHA NPC reponds
Lauren Johnson said she believes the outcome of today’s case was a delay tactic as they did not mention anything about the issue at hand and instead argued about the docket presentation.
“It is clear that neither representations focus is on those who have to suffer the smell in the Upper Highway area. However, this delay might just give the Green Scorpions more time to find additional evidence. One thing is clear though, the additional charges shows there is new evidence already even though they did not mention it in court that day,” said Johnson.
Highway Mail chatted to Lauren Johnson after the court proceedings.
Appeal against suspension notice filed
The EnviroServ Group filed an appeal against the Department of Environmental Affairs’ Notice of Suspension of its Waste Management Licence on the same day.
Thompson said he believed the suspension notice was premature and in breach of an agreement concluded with the DEA that final reports from their experts would be presented on 10 April for further consideration.
“These expert reports demonstrate that the suspension notice is based on numerous incorrect technical and scientific conclusions, and form the backbone of our defense to both the civil and criminal charges which have been brought against the company.”
“Our experts have said the Shongweni Landfill must continue to receive specific waste streams in order to see a continued rise in the site’s pH levels, which we now have evidence is at the core of the odour problem. Suspension of the site’s licence would only serve to exacerbate this,” said Thompson.
He added that the Shongweni Landfill site is compliant in all regards, and has concrete evidence that it is not the only contributor to the odour problem in the area.
“We have every confidence that our various scientific studies, which will be presented in due course, will prove this,” added Thompson.
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