Major victory in legal battle with bauxite giant - Glencore International

The government has won a major victory in its legal battle with international bauxite giant, Glencore International.

The Appeal Court on Friday quashed a ruling by a Supreme Court judge who had blocked the Commissioner of Mines from investigating the circumstances under which an employee died at the Kirkvine plant in 2006.

On November 21, 2008, Supreme Court judge, Justice Sinclair-Haynes issued an order of prohibition blocking the Commissioner of Mines from probing the death of Astley Salmon.

Mr Salmon was injured while carrying out repairs to an elevator at a section of the Kirvine Plant of WINDALCO's ore-processing facility on February 13, 2006.

He later succumbed to his injuries.

The Commissioner of Mines commenced an enquiry into Mr Salmon's death under section 65 of the Mining Act.    

Glencore objects   

However, Glencore Alumina Jamaica, objected to the enquiry taking place on the ground that the Commissioner of Mines had no jurisdiction to proceed under section 65 of the Act.

Glencore argued that the Act circumscribed the power of the Commissioner to enquire into accidents.

 The company said section 65 permits the Commissioner to enquire only into accidents which occur in connection with prospecting or mining operations.

Glencore argued that the elevator which Mr Salmon was working on at the time of his injury did not have access to the mines.

But in a unanimous ruling, the Appeal Court panel said the judge erred in ruling in favour of Glencore.

Mr Justice Morrison who wrote the judgement, argued that the Act gives the Commissioner of Mines the power to enquire into accidents at bauxite mines.

He said with the growth in the bauxite industry it would be too restrictive to regard ancillary activities to bauxite processing as being separated from the mining operations.

According to Justice Morrison it's clear that the legislators gave the Minister and Commissioner of Mines wide powers to intervene in a manner to protect and regulate the operations of the bauxite industry in general, including incidents related to prospecting, mining and processing.