KINGSTON, Jamaica — Attorney-at-law Charles Ganga-Singh is to lead a civil action on behalf of more than 100 people affected by the 2019 pollution of the Rio Cobre, following a court ruling finding Windalco guilty of a criminal violation under the Wildlife Protection Act.

Kestonard Gordon, leading advocate for the affected residents, said the ruling has opened the way for the group to pursue compensation for the damage caused by the pollution incident.

Ganga-Singh, who has participated in community meetings throughout the seven-year struggle, will handle the civil proceedings relating to the 2019 incident. Dr Marcus Goff is to lead separate civil actions concerning subsequent contamination incidents in 2021 and 2022.

Gordon said the campaign began when he encountered angry residents blocking a road at Kent Village with dead fish and other objects to protest the pollution of the river. An ambulance was unable to pass until Gordon intervened and persuaded the demonstrators to allow emergency traffic through.

He subsequently contacted the Member of Parliament and media houses, promising residents that he would carry their grievances forward and pursue legal action on their behalf.

After consulting the Parish Development Committee, the Jamaica Environment Trust (JET) and other organisations, Gordon approached Ganga-Singh to represent the affected community. He later established the Friends of Rio Cobre group to organise residents and co-ordinate the campaign after the Parish Development Committee declined to undertake legal action on behalf of the wider community.

The struggle continued through further pollution incidents, disputes over compensation and demands for regulatory intervention.

Gordon said the Government’s decision to draw down on an environmental performance bond following a subsequent incident in 2021 had disappointed residents, who believed the money should have been directed towards those suffering the consequences of the pollution.

He recalled that approximately $116 million was eventually allocated for distribution among 120 fisherfolk, following lobbying efforts, but argued that the amount received by the affected individuals was meagre compared with the allocations made to other entities.

The campaign also encountered difficulties in pursuing a civil claim directly against Windalco, which had denied responsibility for the pollution. Gordon said legal advice indicated that the group needed stronger documentary evidence linking the company to the incident.

The group consequently pressed the National Environment and Planning Agency (NEPA) to investigate and pursue legal action.

Gordon praised NEPA’s handling of the 2019 case, particularly the collection, labelling and testing of samples and the documentation of the chain of custody. He said the scientific evidence presented in court had helped establish the connection between the pollution incident and the company’s operations.

The recent ruling, he added, has strengthened the group’s determination to proceed with its civil claims.

Meanwhile, Gordon alleged that further signs of contamination had been observed near Zephirton, where a chalky white substance mixed with reddish material was reportedly seen emerging along the riverbed.

He said independent testing undertaken with assistance from JET indicated elevated pH levels at the location compared with samples taken upstream. According to Gordon, NEPA subsequently conducted its own tests, but the group encountered difficulties obtaining the results.

He said the matter was pursued under the Access to Information Act and eventually taken to an appeal tribunal, which ordered the release of a report prepared jointly by NEPA and the Water Resources Authority.

According to Gordon, the report concluded that the substance was entering the river from an underground aquifer. He expressed concern that no action had been taken to address the findings.