'Betrayal' - environmental groups outraged by NEPA’s dropping of criminal charges in Rio Cobre oil spill case
Published:Thursday | November 28, 2024 | 10:52 AM
Two environmental groups are expressing outrage at the decision of the National Environment and Planning Agency (NEPA) to withdraw criminal charges against Trade Winds Citrus Limited for an oil spill in the Rio Cobre in St Catherine.
The decision was announced in the St Catherine Parish Court on Wednesday when an attorney from NEPA informed the presiding judge that the regulator, the Natural Resources Conservation Authority (NRCA), had reached a settlement with the company.
However, when Judge Yvette Wenthworth-Miller requested the agreement for the court's scrutiny, the lawyer told her that it was confidential.
Environmental groups, the Jamaica Environment Trust and Friends of Rio Cobre, have responded to the development saying "the decision sets a dangerous precedent that trivialises environmental violations and prioritises corporate interests over the health of natural resources and justice for impacted Jamaicans."
They say the decision to withdraw the charges entirely, without explanation or transparency is incomprehensible.
“This is a betrayal of the people NEPA is supposed to protect,” said Dr Theresa Rodriguez-Moodie, CEO of JET. “Why would NEPA abandon criminal charges when the evidence was clear? This lack of transparency erodes public trust and sends a message that polluters can negotiate their way out of accountability.”
Meanwhile, Kestonard Gordon of Friends of the Rio Cobre said, “We are shocked and disappointed. NEPA owes the public answers. What are the terms of this secret settlement, and why were the charges dropped? This decision undermines justice and leaves the community to suffer the consequences of pollution of a major river.”
The groups are insisting that the Government:
* Release the terms of the purported settlement and NEPA's reasons for discontinuing the case. Strengthen environmental laws: Ensure stricter penalties for polluters and mandate full transparency in environmental cases.
* Reform NEPA's oversight role: Conduct a thorough review of NEPA's decision-making and enforcement processes to restore public trust. Additionally, request that the Director of Public Prosecutions (DPP) discontinue giving orders (granting fiats) to NEPA for prosecuting environmental crimes.
* Guarantee Accountability: Ensure that environmental violations are prosecuted with the seriousness they deserve, and any settlements are publicly disclosed.
Trade Winds, a juice making firm, was charged with breaches of the Wild Life Protection Act following an oil spill on December 11, 2023. The company owns the Jamaica Beverage Plant from which the oil was emitted. NEPA said the incident resulted in a fish kill.
In a media statement following the incident, NEPA said its investigations found that the oil spill in the Bog Walk area was coming from a malfunctioning boiler from the old Jamaica Beverage Plant.
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