The judicial case against the bauxite and alumina company from Jamaica, West Indies Alumina Company (Windalco), against the 2019 fish kill incident in the Rio Cobre, was postponed on Thursday in the St Catherine Parish Court due to the unavailability of an attorney in the case.
Image for representational purposes only and does not depict the original incident (Source: Wikipedia)
When the proceedings were about to commence, the court was informed that Windalco’s representative lawyer, Jacqueline Samuels Brown, was not there to attend and represent, ultimately pushing the case back to September 11.
In the meantime, in one recent noteworthy development, the Office of the Director of Public Prosecutions (DPP) attained further details to the case.
DPP Dwayne Green conveyed that the office had checked the case file from the National Environment and Planning Agency (NEPA) — the entity which took Windalco to court, and determined that further documentation was required for the trial.
Disclosure must be provided to the defense by June 30.
In 2019, it was alleged that effluent from Windalco vamoosed into the Rio Cobre, resulting in massive fish kill and harm to other aquatic organisms. Residents of Kent Village and the surrounding areas were reportedly adversely affected by the discharge of this effluent into the river.
NEPA conducted an investigation and subsequently issued an enforcement notice to the company. Windalco was later summoned to court for violations of the Wildlife Protection Act.
Windalco has been implicated in multiple fish kill incidents in Jamaica, particularly affecting the Rio Cobre River in St. Catherine. In total, the mining and processing company has been implicated in at least five fish kill incidents between 2011 and 2022.
Documented fish kill incidents involving Windalco
July 29, 2011 – NEPA took legal action against Windalco for the unauthorized release of improperly treated trade effluent into the Rio Cobre, resulting in a significant fish kill. The company faced charges under the Natural Resources Conservation Authority Act and the Wild Life Protection Act.
July 15, 2012 – Approximately 62,500 gallons (250,000 litres) of untreated effluent were discharged into the Pleasant Farm Gully, leading to pollution of the Rio Cobre and another fish kill. NEPA prepared to take enforcement action under the NRCA Act.
July – August 2019 – Windalco was charged in relation to a fish kill incident in the Rio Cobre. The case was ongoing as of 2021.
August 2021 – Another fish kill occurred in the Rio Cobre, attributed to an effluent spill from Windalco’s holding plant. NEPA announced impending charges against the company.
July 2022 – Residents reported yet another fish kill in the Rio Cobre, again blamed on effluent discharge from Windalco. NEPA initiated an investigation into the incident.
While the company has sometimes denied responsibility, NEPA’s investigations have frequently linked Windalco’s operations to these environmental events.
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