The pollution of the Rio Cobre in 2019 led to a fish kill and caused adverse effects on residents in nearby communities.
Attorney Marcus Goffe
Kestonard Gordon, President of Friends of the Rio Cobre and Vice Chairman of the St. Catherine Parish Development Committee
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Marcus Goffe, attorney representing Friends of the Rio Cobre and Kestonard Gordon, President of Friends of the Rio Cobre and Vice Chairman of the St. Catherine Parish Development Committee
Bauxite company Windalco has been found guilty of the October 2019 effluent spill in the Rio Cobre that led to a fish kill and caused adverse effects on residents in nearby communities.
The verdict was delivered in the St. Catherine Parish Court on Monday morning.
The company has been fined the maximum penalty of $100,000 for the offence.
The attorneys for Windalco were advised by the presiding judge that the company should prepare to pay the fine on November 16, the official sentencing date.
Marcus Goffe, attorney representing Friends of the Rio Cobre, is pleased with the court's decision. However, he raised alarm over the associated fine.
Friends of the Rio Cobre is a non-profit organisation formed to give voice to persons who make their livelihood and use the Rio Cobre for recreational purposes.
Mr. Goffe said the verdict sets a crucial precedent for environmental law enforcement.
"To see a conviction against a major multinational bauxite mining company for environmental breach of our laws, I think is landmark. It's inspiring, and we hope that it can lead to stronger enforcement and respect for Jamaica's environmental laws and our communities who suffer at the hands of so-called development. I am representing the communities in the 2022 matter and we're looking forward to what that will produce in terms of constitutional law outcomes from this whole debacle with the Rio Cobre," he noted.
Windalco is also facing ongoing parish court trials regarding effluent spills from 2021 and 2022.
Meanwhile, Mr. Goffe contended that the fine is not proportionate to the infringement committed.
"We want to have that in the minds of the public that environmental crimes are serious crimes. When it comes on to companies and corporations who are reaping billions of profits from the environment, then we need to have the fines be more proportionate to the crimes," he argued.
Still, the attorney said the outcome of the case may lead to "a more serious reflection by the company on its own actions, and so maybe it may lead to a different outcome in terms of how they react and respond to the coming charges and the coming civil cases against them".
President of Friends of the Rio Cobre and Vice Chairman of the St. Catherine Parish Development Committee, Kestonard Gordon, welcomed the court decision but lamented the fine.
"The damage created on the environment cannot be accurately tabulated and it's overwhelming in terms of the losses for the fisherfolk and their families. So the fine is really disgraceful. I know that there has been an increase in the fine recently, but given when this incident occurred, according to law, it is $100,000," he acknowledged.
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