Junior Dowie/Staff Photographer
Public Defender, Earl Witter (left), commenting on the smoke nuisance emanating from the Riverton landfill, at a press conference at his Harbour Street offices, downtown Kingston yesterday. At right is Calvin Campbell, special projects manager at the Office of the Public Defender.

Edmond Campbell, Senior News Coordinator

The Government might have to dig deep into the state's coffers to compensate possibly thousands of persons who suffered ill health over the past 10 days due to the heavy smoke emission from the Riverton landfill.

Earl Witter, Public Defender, said yesterday that he would be recommending to Government that persons who became ill and had to seek medical attention, arising from the smoke nuisance, should receive compensation from the National Solid Waste Management Authority (NSWMA), the agency with responsibility for the landfill, or the Attorney-General.

According to Mr. Witter, many persons with particular ailments such as sinusitis, asthma and other respiratory illnesses who were severely affected by the smoke irritant should obtain redress.

"It is our view that they would be entitled to compensation from the state and or the agencies of the state, who, whether by reason of malfeasance, maladministration, negligence or otherwise, have caused this nuisance to persist for as long as it has," Witter stated.

He warned that if the state or the NSWMA refused to offer compensation, the Office of the Public Defender would take the matter to court on behalf of the affected persons.

Mr. Witter also recommended that in the short term, public health facilities waive all expenses for treatment of affected persons.

Probe into cause

Addressing journalists at his Harbour Street offices in downtown Kingston, the Public Defender said he had already initiated an investigation into the cause of the fire at the Riverton landfill. "One of the matters to be investigated is the suggestion that the fire may have been set by saboteurs," he said.

He said his office would probe the steps taken by the relevant authorities "to put an end to this nuisance".

A special report will be submitted to Parliament by the Office of the Public Defender at the end of the probe.

Describing the smoke from the Riverton landfill as a "public nuisance", Mr. Witter said this was regarded as a crime under the law. According to him, the Director of Public Prosecutions might be considering "what steps he might take - that is a matter for that gentleman and the exercise of his discretion".

Safety standards

Commenting on the mandate of the NSWMA, Mr. Witter said the agency was charged with the task to promote safety standards in relation to solid waste and to advise Government on policy regarding the disposal of waste in environmentally-sound ways.

He argued that it was, therefore, cause for concern that the agency with such responsibility appeared to have lacked the capacity to put out the noxious fumes within a short time period.

The smoke emissions extended to areas as far as the Liguanea Plains, Norbrook, Portmore and Sligoville in St. Catherine; and the entire Kingston Metropolitan Region.

Earlier this week, environmentalist Diana McCaulay told The Gleaner that persons affected by the smoke should approach the Public Defender for assistance as it may constitute a breach of their constitutional rights.

Meanwhile, the NSWMA has given Monday as the new deadline for extinguishing the fire.