Goffe: $100,000 fine does not fit Rio Cobre damage

Attorney-at-law Dr Marcus Goffe has welcomed Monday’s court ruling against bauxite company UC Rusal over a 2019 pollution incident in the Rio Cobre, while arguing that the $100,000 fine imposed falls far short of reflecting the damage caused.

His comments came after Senior Parish Court Judge Desiree Alleyne ruled that a case was made out against the company. The prosecution of the case was initially led by the National Environment and Planning Agency (NEPA) and was taken over and completed by the Office of the Director of Public Prosecutions.

The ruling was handed down in the St Catherine Parish Court, where UC Rusal was fined $100,000 and ordered to pay the amount by November 16. The company also has 14 days to appeal the decision.

The case stemmed from an incident between October 16 and 19, 2019, when trade effluent from the Windalco plant overflowed into the Rio Cobre in St Catherine. The pollution event resulted in a significant fish kill and damage to aquatic life, prompting concern among residents, environmental advocates and communities that depend on the river.

Following an investigation, NEPA brought charges under Section 11 of the Wildlife Protection Act.

While the act was updated to allow for a maximum penalty of $5 million for breaches, the judge had to impose the 2019 prescripted fine as the offence took place in that year.

In handing down her decision, Alleyne noted that the court was imposing the $100,000 maximum penalty available under the 2019 legislation. She also indicated that, under Section 11 of the act, the prosecution was only required to establish that the company had knowledge of the breach.

While welcoming the outcome, Goffe said the penalty was not proportionate to the environmental harm caused.

“I am very pleased with the result of the court, as it is a multinational company and this conviction sets a precedent,” Goffe said.

He said the outcome reflected years of advocacy and public attention surrounding the matter.

“I am very appreciative that Friends of the Rio Cobre was steadfast in following the case throughout. I trust that it is a starting point, as environmental breaches are serious acts of violation,” Goffe said.

The court heard that NEPA conducted a series of tests and collected samples from affected areas following reports of dead fish and other wildlife in the river. The agency subsequently served documents on the company under the Wildlife Protection Act and initiated legal proceedings.

The verdict was also welcomed by Kesonord Gordon, president of Friends of the Rio Cobre, a citizens’ advocacy group that has long campaigned for greater protection of the river and accountability for environmental breaches.

editorial@gleanerjm.com