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By Alric Lindsay

An awkward result occurred in the Summary Court on May 13, 2025, when Arnold Berry faced payment of $2,346 in penalties from the Department of Environmental Health after it was alleged that Berry failed to clear his land of items dumped there. The Chief Magistrate ordered that Berry pay a smaller amount of $500 after acknowledging that, while unknown persons dumped the items on his property, he still had certain duties as a landowner.

Arguing on his behalf in the Summary Court, attorney Stacy-Ann Kelly explained:

He owns a piece of land in Northward.

People are helping themselves to the land in terms of using it as a dump site.

He said he went and cleaned everything.

He didn’t think he would be saddled with such a bill.

Berry clarified the unusual situation by noting that, while he did not permit anyone to access his property, vehicles have access to the road leading to his property. Unfortunately, he is unable to block that road.

Berry said he tried to assist authorities by taking pictures of the illegal dumping and providing them to the authorities.

However, the Chief Magistrate explained the law, saying:

… he has a duty as a landowner in relation to his property.

[He is] strictly liable.

The Chief Magistrate added that it is for Berry, as the landowner, to protect his property and put up the relevant boundaries.

It being the case that a landowner is strictly liable, Berry pleaded guilty with an explanation.

After accepting Berry’s plea and explanation, the Chief Magistrate said:

I accept what you say that persons are using that general area and it’s obvious as a dumping ground and someone needs to look into it for sure.

I’m giving you a conditional discharge for 12 months.

In the 12 months if they don’t serve you with another abatement notice, then you’ll have no conviction recorded.

In the meantime though, you’re going to pay a small cost to the Department of Environmental Health of $500 or [spend] five weeks [in prison].