Windalco not identified as pollution source in 2019 Rio Cobre case, expert testifies

An expert witness has told the St Catherine Parish Court that testing in a 2019 pollution case involving bauxite company UC Rusal indicated that Windalco could not be identified as the source of contamination. UC Rusal trades as Windalco.

Chemist Andrene Jones, testifying on Monday, said key laboratory reports in the case contain gaps that undermine efforts to determine the source of the pollution.

According to Jones, analyses conducted by the National Environment and Planning Agency (NEPA) lacked critical information on where effluent samples were collected. She also noted that the highest concentration levels recorded at Flat Bridge, away from Windalco's plant. 

Under examination-in-chief by Attorney-at-Law Stephanie Ewbank, Jones said it was “absolutely” necessary for laboratory reports to identify sample locations in order to support reliable conclusions.

Ewbank, from Myers, Fletcher & Gordon law firm, represents Windalco. 

Jones told the court that if the laboratory reports do not indicate the location of the samples, protocol and best practice dictate that the report cannot be relied on. 

She added that the number on the reports do not say where the samples were taken.

Jones maintained that without clearly stating sampling locations, “there can't be any proper evaluation of the report”.

Jones was cross-examined by prosecutor Nailah Bishop, from the Office of the Director of Public Prosecutions.

Bishop challenged the expert’s conclusions, suggesting that a parameter code had been used and describing the findings as “bias and speculative”.

However, Jones rejected that characterisation, insisting that her conclusions were grounded in established protocol and proper analysis.

The case stems from allegations that an effluent spill in the Rio Cobre in October 2019 led to fish kills and adverse effects on residents in nearby communities.

Following investigations, NEPA brought charges against Windalco under the Wildlife Protection Act.

The matter, which has seen several court appearances, is being heard before Senior Parish Court Judge for St Catherine, Desiree Alleyne.

It was adjourned to July 20 for final submissions from the parties. 

- Rasbert Turner

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